Can HR Legally Trouble My Friend Who Left Without Clearance? What Can He Do Now?

One of my friends has left his organization by submitting his resignation. The employer did not accept the resignation, but my friend joined a new company. The HR is determined to trouble him and is finding all possible measures to do so. He has already written a letter to the new employer.

Possible Actions and Legal Concerns

What other actions can he take? Could there be any legal problems since my friend hasn't taken the clearance?

P.S: No bond was signed during the service.

Please provide the full and complete details to enable the members to understand the situation and offer accurate and realistic suggestions. Frankly, your statement "left his organization by submitting his resignation" can be interpreted in various ways.

Questions to Consider

1. What was the notice period as per the offer/appointment letter?
2. Did your friend serve the notice period - if yes, partially or fully?
3. What reasons were given for not accepting the resignation?
4. What is the domain/sector of the company - IT?
5. What was the level of your friend in the company hierarchy - junior/middle/senior management or something else?

Regards,
TS

Leaving the company without giving the appropriate notice to the employer may, in any way, come back to haunt your friend. Even if your peer already has another job, future employers may still discover that you left without giving notice. Employers may think something happened to hasten your departure or that you may choose to leave them in the lurch as well.

Depending on the laws and the state of the agreement with the employer, they may have the right to withhold any sort of legal action. Therefore, in your friend's case, there is NO SERVICE BOND signed; so he is safe up to a limit.

In certain cases, if the employer has provided any training to employees, then they will enable themselves to proceed legally against those employees.

Quitting a job suddenly jeopardizes the situation and affects the boss, co-workers, and the company's process appallingly. Therefore, your friend can actually talk to that employer and pay the notice to avoid any further predicament, so the employer can stop troubling him. Good luck to your pal...!!

Notice Period and Appointment Letter Clauses

Has he served the notice period and checked if there is any clause in the appointment letter about the notice? If the employee is still serving the probation period, then there is nothing to worry about.

Dear KVA Rao,

You or your friend, having left the service by simply submitting the resignation letter without waiting for a formal relieving order, have failed to adhere to the service conditions. This action is potentially a breach of contract under the Law of Contract. Additionally, it appears that the notice period was not served, correct? Consequently, the former company will likely have legal recourse to take him to court.

Did the company provide any reasons for rejecting his resignation? Regardless, it will be challenging for the company to re-employ him considering the ongoing legal battle. In the meantime, how is the new company perceiving this situation? They did not request his relieving letter upon his joining.

Regards,
Kumar.S.

It is always better to take clearance from the organization. Instruct your friend in such a way to convince the HOD and HR and explain the situation or need to leave. No company wants to suffer anyone; it depends on the individual's attitude. So try to get relief.
Regards.

In case of any employment, the Appointment Letter is the operative document. The terms and conditions mentioned in the appointment letter, which a candidate has to accept to be appointed in an organization, will be applicable. Therefore, first of all, the terms and conditions related to separation from the company, as mentioned in the appointment letter, will be applicable in your friend's case also. If your friend left the organization without complying with the separation terms, the company has all the right to take legal steps against the concerned person for violating the terms of the appointment letter, which basically is a contract.

Regards, Swarup K Halder.

Employment is a contract between the employer and employee. Each contract is governed by some terms and conditions. Either party that breaks the contract can be challenged in a court of law.

In your friend's case, the terms and conditions of employment need to be studied before making any comments.