Facing Health Issues and a Tempting Job Offer: Should I Pay to Leave My Current Role?

Hi all, Thanks for the great help. I joined a company 3 months ago and have found that the job is not suitable for me, although my current team is quite happy with my performance. Additionally, I now have severe health problems due to the relocation.

In the meantime, I received another offer from my previous employer, who wants me to return to my previous company. I had a very good relationship with my ex-manager, and he initiated the process of hiring me again.

Now, the problem is that I have been paid a sum of 70k towards joining and a relocation bonus from my current employer. There is also a condition of serving a 2-month notice period or paying 2 months' basic salary in lieu of that.

I spoke with my previous HR team, and they need me as soon as possible and can't wait for the notice period to be served. They have confirmed that they will not require any letters from my current employer. Having worked with them for a long time, I am confident they will not deceive me in any way.

The issue now is if I ask my current employer to release me without serving the notice period, I am sure they will ask me to return 1.2L (50k bonus + 20k relocation + 50k for 2 months' basic salary). However, if I don't need any letters from this company, is it advisable to pay this amount and get released, or can they terminate me immediately without any notice period?

Friends, please help me. My health is deteriorating day by day, and I can't miss this opportunity.

Regards,

Advice on Relocation Bonus and Notice Period Buyout

It is advisable to pay the relocation bonus and the notice period buyout totaling Rs. 1.2 lakh to ensure a smooth exit.

Thank you for the advice. However, as I don't need a relieving letter, can I opt for being terminated? In that case, do I still need to pay all these?

Thank you.

True Saji, they will not terminate me just like that. I need to create a scene for that. 1.2L is not a very small amount to pay and exit. On the other hand, my previous employer will consider these 3 months as a long leave and will continue the same until I join. Still, do you believe that it will be a black spot on my career since I never need to mention this anywhere in my portfolio? Again, I just wanted to know from experts like you if there are any further consequences if they terminate me.

Thank you, Executor, for the feedback. Is it all about unprofessional and unethical behavior, or are there any legal issues related to this? In case the company terminates my employment, what will the scenario be like? These companies earn a lot of money by utilizing our skills, and perhaps this is the right opportunity to escape from the situation.

Legal Rights of Your Current Company

Legally, your present company is very much within its rights to pursue recovery of the relocation bonus, notice pay, and any specific training or IP knowledge imparted, along with penalties. Ideally, a mature company will not terminate you without proper documentation, which is more extensive than relieving against resignation.

Termination Process in Mature Organizations

If they are a mature organization, they will provide you with written notice—TWICE—allowing you time to show cause and reform. Only failing to reform would lead to termination. If, in the meantime, they can document intentional malafide activity, they can take severe action.

Advice for Your Situation

Therefore, I urge you to be circumspect and honest in your actions. Remember, your ex-boss may appreciate you now, but they won't be around forever. Your termination record, however, will stay with you for life.

Notice Period Concerns During Probation

I am employed with a Big 4 consulting firm and am currently on probation. I've got another job offer in hand and have resigned on the 14th of October. Previously, I was asking them to waive my notice period and relieve me on the 31st of October and was ready for a buy-out. However, my manager didn't agree and stated that I have to serve my full notice period with them. During probation, my notice period is for 45 days. I've spoken to my future employer and got a joining date waiver and have mailed my current company that I'm ready to serve the full 45-day notice period.

Now, my question is, after I've given my resignation, is there any chance that they may further trouble/harass me and not give me my money and/or relieving certificate after 45 days, i.e., 27th of November? I've resigned as per the contractual terms and am currently serving out my notice period. My query stems from the fact that I've emailed my resignation with a copy to HR on the 14th and since my manager is on holiday with no access to emails (though he is very much aware of the situation and, in fact, it was he who insisted I serve out my remaining time) and he hasn't replied accepting my resignation.

Am I safe?

Contractual Clause

The clause is as follows:

During the probationary period described above, either party can terminate the employment by giving 45 days' notice or 45 days' salary in lieu of notice to the other party, subject to the release date being approved by the reporting partner.

Many thanks!

Regards,
Sayan

Dear All (Sir/Ma'am),

I am employed with a Big 4 consulting firm and am currently on probation. I've got another job offer in hand and have resigned on the 14th of October. Previously, I was asking them to waive my notice period and relieve me on the 31st of October and was ready for a buy-out. However, my manager didn't agree and stated that I have to serve my full notice period with them. During probation, my notice period is for 45 days. I've spoken to my future employer and got a joining date waiver and have mailed my current company that I'm ready to serve the full 45-day notice period.

Now, my question is, after I've given my resignation, is there any chance that they may further trouble or harass me and not give me my money and/or relieving certificate after 45 days, i.e., 27th of November? I've resigned as per the contractual terms and am currently serving out my notice period. My query stems from the fact that I've emailed my resignation with a copy to HR on the 14th and since my manager is on holiday with no access to mails (though he is very much aware of the situation and in fact, it was he who insisted I serve out my remaining time) and he hasn't replied accepting my resignation.

Am I safe?

During the probationary period described above, either party can terminate the employment by giving 45 days notice or 45 days salary in lieu of notice, to the other party, subject to the release date being approved by the reporting partner.

Many thanks!
Sayan

Send a gentle reminder for accepting the resignation sent by you, with a line stating that if no response is received from their end, it would be assumed that the resignation is accepted from the date of the said letter.

Would appreciate if you could send all the documents through registered AD if your HR/Reporting Manager is not situated where your office is located.

Navigating Career Decisions: Relieving Letter and Notice Period

As you have already made up your mind to quit your current employment lasting 3 months, in my opinion, instead of raising it as a query in CiteHR, you could have gone ahead and joined your previous employer without a relieving letter from your current employer. On the other hand, as you have raised this as a query, I wish to respond to this.

If your previous boss had so much attachment to you, why did he allow you to drift to new employment? My view is, do not take chances in your career when you are at a crossroads; obtaining a relieving letter after fulfilling your obligations with your current employer is considered the best option. It is for you to take the call. We can only suggest.

Regards,
M.V. Kannan