Stuck Between Two Jobs: Can I Leave Without Serving My Notice Period?

Hi all,

I am working at Company A as a technical writer for the past 2 months. I have received a better offer from Company B and have accepted it. The challenge is that Company B requires me to join them within 5 working days, or else the offer will become invalid. However, I am obligated to serve a notice period of 2 weeks at Company A. Despite my attempts to negotiate with Company A, they are firm on the 2-week notice period. Company B is willing to compensate for those 2 weeks, but Company A is not willing to accommodate. My questions are:
1. Will I face legal consequences if I leave Company A without serving the notice period?
2. Will Company B revoke my offer if I fail to join them within the 5 working days?

Thank you.

For point 1, the legal actions company A can take might be as follows: They will not settle your dues and will not provide you with a relieving letter. If you join company B and they can prove that you are working for another company while still on their payroll, this constitutes double employment for which they can take legal action. Generally, nobody takes such a step, but it's better to settle the matter, perhaps at a later date.

For point 2, yes, if the validity period is specified in the offer letter, then the offer will lapse.

I would say you should give proper notice to your current employer.

You might have achieved growth in your career, earned money, and gained a reputation in society or among friends by working with your current employer. So, you have a certain commitment towards your current employer.

Company B is pressuring you to join immediately due to their urgency. Similarly, your current company needs to find a replacement for you, which will take a minimum of 2 weeks to find and induct somebody to do your job.

Company A can take legal action against you if you leave the company without giving proper notice. Additionally, they will not issue experience or relieving certificates, which may adversely affect your career.

For example, let's assume you have joined Company B without obtaining a relieving letter (if the company allows you to join) from Company A. It is not guaranteed that you can easily adapt to Company B. In the event that you decide to leave Company B before completing 6 months, where will you go to get a relieving letter for your previous company experience?

Lastly, have you discussed the issues leading to your dissatisfaction with your current employer? Try to analyze the reasons for your decision to quit, as sometimes you or your employer might be able to find solutions to the problems.

Enjoy your work and best of luck.

Do your terms of appointment contain giving notice of two weeks or pay in lieu thereof? If so, your company cannot force you to stay if you pay the amount in lieu of the notice period. Employment is a contract of personal service and not slavery. However, it is always advisable to leave on a good note.

Regards,
Bhupendra

Dear Srinivas,

This happens usually with many professionals.

Currently, you are working with company A. You must have accepted an Appointment letter after joining the company. Is there any clause mentioned in the letter to give 2 weeks' notice during the probation/confirmation period? If yes, I suggest not breaching company rules. Give proper 2 weeks' notice to your current employer, complete tasks assigned to you, get a relieving & experience certificate, collect dues, and then leave the concern.

With the new employer 'B,' please talk with them and convince them that if an employee resigns and asks for immediate relieving, will they accept his resignation and relieve him in a short time.

No management in India will do this, especially if their permanent employee resigns from the concern.

It's a moral responsibility for every employee to follow the current company rules and leave gracefully and peacefully from the organization.

Has your new employer mentioned any clause about joining their company within 5 days? If yes, I suggest you talk with company A and explain that you have an excellent opportunity that you don't want to lose. They may deduct your notice pay dues.

Regards,

Bhushan Dahanukar