Facing Job Termination After Office Incident: Is an Experience Certificate Enough to Move Forward?

Hi all, I have been terminated recently on behavioral grounds due to physical assault (I slapped a person in the office; however, there was no involvement of the police at all). I worked in the company for 3.8 years, and it was my first job. Now the problem is the employer is not ready to provide a relieving letter and is not willing to let me serve the notice period as well. I visited a couple of job consultancies who advised me that having a relieving letter from the previous employer is a must and that other companies will not consider my job experience or job application if I don't have a relieving letter. However, I have spoken to the management of the previous company, and they may provide an experience certificate (not finalized). So, I wanted to know if an experience certificate is enough to look for a new job. Please advise on the course of action I could take to get back to normal. Whatever happened was a very unfortunate incident that will never happen again. Please help.

Regards, Sunny

Managing with an Experience Certificate

Even if you receive a relieving letter, it may mention the reason for separation as termination, which could cast a shadow on your future endeavors.

Pon

Generally, an experience certificate is usually sufficient. However, some companies may require a relieving letter. You could request your employer to include the phrase "relieved from your duties w.e.f. ..." which should fulfill the requirement. This documentation should be adequate in assisting you to secure another job.

Regards,
D. SUBBA RAO

You slapped a colleague in the office! So, the termination was justified, and from the tone of your message, it feels like you hold no grudges with the organization for taking this step, which is good! Actually, the relieving letter is the least of your problems. An experience letter will suffice in most cases. Some organizations insist on seeing both your resignation and relieving letters, but they are rare in number, so not a problem.

The bigger problem that you need to worry about will be the reference checks, and that could become a far bigger damper than you think, especially in organizations that have third-party reference checks done. That is something you need to look into more carefully. Emotions need to be controlled at all times, Sunny. They tend to create chaos and disaster.

Cheers,
Navneet

Thank you so much for your reply. I spoke to the HR of my previous company, and they said that they will not disclose the reason for the termination. They will only specify how long I was working there and comment on my performance. Therefore, I am expecting a smooth background check. Thank you again for your time and valuable advice.

Regards,
Sunny

Sunny, receiving a letter is not a problem to get a job. As Navneet said, a reference check is the only hurdle in case of your behavior. Please be open with the employer if your behavior comes to the HR department, and also point out what sort of mistakes were committed by both of you (employees). Additionally, provide the names of those references who are close to you.

Regards,
Vijayakrishna

Importance of Relieving and Experience Letters

Relieving letters are necessary, and many organizations require a copy of the resignation letter, resignation acceptance, and relieving letter to ensure that an employee is not engaged in double employment.

An experience certificate can be requested from HR by anyone, even if they are currently employed. Employees may need an experience certificate for various reasons, and HR issues it upon request.

If Sunny presents only an experience certificate to his new employer and secures the job, how can it be documented that he has left his previous employer? Through a termination letter!

Difference Between Experience Letter and Relieving Letter

There is a huge difference between an experience letter being given to an employee who is still with the organization and one who has left. The difference is the end date. For an existing employee, it will clearly state that the person is still in the employment of the organization, while the other one will definitely have a start date and an end date - a "From - To" format.

The other document that has a similar effect is the letter/statement that the organization (most of them) gives when handing over your full and final payment. It signifies that all dues are fully considered and paid in full, and that only happens when you have left the organization.

Just my opinion, and I could be wrong... :-)

Cheers,

Navneet Chandra

Please speak to your employer and come to an agreement regarding providing positive feedback for you during employment verification. Some employers may act unfavorably; they might initially promise to provide positive feedback but later fail to uphold their word. Additionally, request an experience letter that includes your date of joining and last day of work.

Good luck 

Addressing Workplace Indiscipline and Future Steps

In this case, what you have done is considered indiscipline in the workplace. The company has the right to terminate your service after an inquiry. Therefore, there is no point in antagonizing the management. However, if you request them, they may reconsider.

Even though a relieving letter is given, you must obtain a good background reference as there is a column that specifies whether the employee is relieved on a normal basis or for a specific reason, etc. Therefore, get the experience certificate and request the company management to provide a proper reference to benefit your future.

However, I am happy that you have realized your mistake.

I really appreciate your openness and all the seniors for their valuable information. With reference to the above discussions, I would strongly suggest going with Rutuja. Just ask your previous employer about the experience letter mentioning DOJ and DOL. Those details can help you secure a new job. Good luck, Sunny.

Regards,
Rakesh

It is good to know that you feel shame for what you have done. There will be no issue with a relieving letter. You can use your experience letter. The good thing is that you must talk to the management once again and express regret for what you did.

Experience Letter vs. Relieving Letter

An experience letter is good enough. Just make sure they mark your joining and separation dates on the experience letter. If any HR in your new company asks about a relieving letter, just tell them that they gave it to you and you can't find it. Tell them that your separation date is clear on the experience letter and hence it's clarified. Just be confident while presenting your documents, and it should do the job.

Reference Checks

Regarding reference checks, no organization of minimum repute would try to jeopardize a person's career by releasing unfavorable information in your case. I know a person who was involved in financial fraud in a Fortune 500 company and is now working with another big company. Reference checks will always be positive if you have an experience letter, unless it's a company with very few employees and the MD has a personal grudge against you. They won't issue any such letter to prove employment if it weren't to help your career.

Professional Goodbye

Bid a professional goodbye to every person who you think could be of help to you in the future.

Just be sure to get the date of separation printed on your experience letter!

Workplace Misconduct and Its Consequences

The act of slapping at the workplace is treated as misconduct and is even punishable under the IPC. First, you should check with the local police station to see if any case has been registered against you, as the management may take action in such a way.

When you join your next job, most IT companies conduct reference checks, and you may be caught in that.

Thirdly, the employment bond will be broken once you receive a relieving order from them, not just an experience certificate.

These are my views. All the best for your future endeavors.

Regards,
T. Muralidaran

Sunny, although slapping is a criminal offense, it was justified. A relieving letter is essential to confirm that you are no longer employed with a company, preventing dual employment issues. The experience certificate is a crucial aspect. I recommend requesting your employer to allow you to submit a resignation letter and to be relieved immediately. If not, you can leave and pursue openings with your experience certificate. Try to coordinate with the new company's HR, either by disclosing the situation or by handling it discreetly.

Thank you.