On Probation and Asked to Resign: Can I Trust the Company's Compensation Offer?

I have been with this company for the last 3 months. Now, as per the company, my selection does not match the profile. They say it's a mistake on their end. According to them, if I submit my resignation, they will compensate me with 2 months' salary. However, I have to submit my resignation first. Please suggest if the company later denies compensating me after my resignation, can I seek legal help from the law.

In the given circumstances, you have two options to decide and follow:

Option 1: Accept the Offer

- You will take your money and go.

Option 2: Fight for Justice

- You will fight for justice.

If you opt for [1], do what they say, take the money, and be happy. If you opt for justice, put everything in writing and ask for their commitment on paper or some form of assurance where your interests are safeguarded. It may take time, but with the HR consultant who referred you to this company and the company's HR personnel who screened you for the appointment, everyone can be called upon to provide an explanation in court. The decision is in your hands.

If they promise you verbally that they will pay after your resignation and then later deny it, you will not have any legal recourse because you will not be able to prove their assurance.

All the best.

Regards,
JSR

I wouldn't blame you for having formed an opinion that the company may go back regarding the 2 months' salary compensation—if what you say regarding your being hired is correct ("They say it's a mistake at their end").

Options to Consider

You have two options:

1. Take their word for it—that you will be paid the compensation and resign.
2. Tell them bluntly that if they can hire you wrongly, then you can't trust their word. So, exchange your Resignation Letter and the cheque. If the cheque bounces, they know they will be in serious trouble.

Legal Help Consideration

Regarding your query about getting legal help in the worst-case scenario, it's always better to avoid a situation than to get into it and look for solutions.

Requesting Documentation

Another issue is to ask for the Experience and Relieving Letters also along with the cheque. Even though you may not need it (given that it's only 3 months you worked here), still you never know. Also, in the worst-case scenario, if you have any problems later, you will need these documents to prove that you really worked here.

All the best.

Regards,
TS

In such cases, companies prepare a letter or agreement where they mention the relieving of the employees by paying them advance salaries. But if you receive the same in writing, stating that you will receive 2 months' salary upon resigning, then it will be acceptable; otherwise, you can ask them to provide the same in writing.

It also depends on the size and brand image of the company. A big or medium-sized company with average branding will typically follow their stated policies. Otherwise, instead of asking you to resign and agreeing to pay you 2 months' salary, they may simply terminate you without specifying the exact cause and not compensate you for the month you have already worked.

Therefore, it is important to have a clear understanding of the company and its procedures as you work there. Consider both perspectives before taking any further steps.

As per my experience, first, you should trust the employer. Nevertheless, the company might have put a clause in your letter of appointment that "during the course of your probation period, the company reserves the right to terminate your employment giving the notice period" OR "after the probationary period, management may review your performance for further course of employment." Therefore, if there is a clause, I don't think there is any legality in moving to the Labour Court. Furthermore, management may say that you are not up to the mark and they are not satisfied with your performance. Normally, 90% of companies commit to their word. In the present market scenario, going legally is not called for, and this may affect your future career as well. As suggested by other members, take the money and go.

Anyway, all the best.

Regards,
Vijayan

I am not familiar with the labor laws in your country, so please accept my words as those from a business perspective only. Because you were approached by your employer and asked to resign, it appears as though they may be offering an easy way out for everyone concerned. If involuntarily terminated, there will be a blemish in your recent past and it may not bolster your work history for future employers. To self-terminate, citing a variety of reasons from your perspective, may help your professional standing if your resignation is worded diplomatically and in your favor.

You have worked there for 3 months - you know better than I - do you trust what they say based on your present knowledge? I would also consider requesting a letter of recommendation prior to your departure. You are leaving anyway, so for them supplying this will not matter. However, for you, it may support employment elsewhere. The least HR can say is no to your request.

Best of luck with your endeavors.

Regards,
Russell

It is best that you submit your resignation. However, in your resignation letter, make it very clear that you are doing so with the understanding that you will be paid your salary for all the days you work during the period starting from the date you submit your resignation until the date your resignation is accepted, and you are relieved. In addition, you should receive two months' salary as promised by the Company.

Best Wishes,
Vasant Nair

I would suggest you address your resignation letter in such a way that you confirm and accept their offer of two months' pay upon your resignation and ask them to provide an experience and recommendation letter. It is important to obtain an acknowledgment on your copy of the resignation letter, which could be helpful in case they retract from their offer. I feel your company officials are trying to protect themselves by working out a compromise formula unless there are no other serious issues arising from your continued presence there. Be cautious of any unexpected traps. Best of luck.

Kind regards,
[Your Name]

Based on our discussion, it entirely depends on the appointment letter. Each company has its unique way of phrasing things for their convenience. If your appointment letter states a 2-month notice period, then that condition applies. Some companies do not require a notice period for probationary employees. If your company can provide you with a hard copy of the communication where they mentioned hiring you by mistake, then you have the right to claim. Mere words may not be sufficient, especially for probationary employees who might try to portray you as inefficient and undermine your position. An employee is not considered permanent until they receive a confirmation letter in hand. Therefore, it might be best to seek opportunities elsewhere.

"Don't feel bad if someone rejects you; people usually reject expensive things because they can't afford them." Remember, you are a diamond, and your company may not recognize your true value.

Good Luck,

Regards,
Umesh