Facing Job Hurdles: How to Handle Missing Relieving Letters from Past Employers?

My Experience During the 2008 Recession

I am a Software Engineer with two years of existing software experience. During the time of the 2008 recession, I was hired by a software company located in Andheri East, Mumbai. I received only a 20,000 annual increment from my previous CTC upon joining this firm. I was satisfied with joining this firm as I knew I would learn a lot.

Later, I noticed that the company was laying off people in groups. The total company strength was over 400, and news circulated that they were terminating more than 20 employees on a weekly basis. Feeling insecure about working for this firm due to the recession-driven layoffs, I decided to quit as I had financial dependencies.

I began looking for a new job and quickly received an offer to work under contract with a new firm, with a 7-day joining deadline. I resigned from my current job, requesting to be relieved within 2-3 days. I agreed to pay 30 days' salary in lieu of notice as per company policy. However, my full month's salary was withheld, and they insisted I serve the full notice period.

After working for about 2.5 months for this organization, I left and joined the new firm. Upon requesting either one month's salary or a relieving letter, my previous employer claimed I had absconded and refused to provide any documentation or payment.

I am uncertain about my next steps. Nowadays, top recruiters require a relieving letter from all previous employers. Does this situation mean I will be unable to work for top recruiters in the future?

The answer to the question posted is YES. You will not be able to work. The reason is not your leaving letter or your experience certificate, but it is your attitude. This short posting by you makes me understand that you can leave any job if you have a better offer in your hand. Tell me, did the software company where you worked for 2.5 months ever tell you that you would be fired? Did your immediate boss ever give you any indication of firing? As per your posting, it was your decision to leave the company, and you are naming it as "insecure," but recruiters out there name it differently. In my view, no organization can afford to let go of a top performer, irrespective of the recession or whatever it is. When it comes to your payment, it is advised to meet the concerned Head of HR, explain your concerns, and try.

Regards,
JSR

I cannot change my past as of now, considering all that has happened and the financial crisis circumstances that led me to make such a decision. I was the only earning member of the family at that time. As an elder brother, can you guide me on what can be done now in this situation?

If I do not mention the name of this firm on my resume, will it solve my problem?

Thanks and Regards,
Pankaj

According to your words, you have tendered your resignation first, and the company terminated you later. If this is correct, then your termination cannot be valid. It also seems that the company did not give you notice of termination since you were not aware that you had been terminated. Later, when you approached your HR for relieving, they confirmed the same.

In conclusion, your termination is not valid if all the information provided by you above is correct. For top employers, relieving is important because your time period was very short, and it was during a recession. It is not necessary to inform your next employer. You might only face trouble during background verification when HR comes to know about this, but until then, it is okay.

Have a fearless time ahead.

Hi dear, you have demoralized me by saying I will not be able to work because of my attitude. For your information, I have been working in a good and reputed firm for the last 5 years. However, I think you might be a manager-level person who has been surprised by your employee's short notice. Employee ethics are highly valued when entering an organization. In my view, if someone is stuck in the wrong organization that lacks good ethics towards its employees, that should not be taken lightly.

Regards, Pankaj

I believe there would be a clause in your appointment letter regarding termination/resignation. In my opinion, if you are not in a position to serve notice (due to any reason), then you should pay notice pay as per the termination/resignation clause. If you pay the notice pay, the company has to provide a relieving letter; they cannot object at all. If they still do not pay, get their reply documented via email or hard copy and contact a labor officer to help you. I have seen many cases similar to yours; if you pay the notice pay, you will get the relieving letter. The law is on your side, so don't worry.

Best Regards,
Ritesh Shah

Steps to Address Employment Documentation Issues

Send them a letter via registered AD (keep one copy of the letter with you). You will receive an acknowledgment that they have received your letter. Then, take your emails, letter, and acknowledgment letter and approach the labor officer.

Take care and be patient, as these things take a little time.