Feeling Unfairly Marked as Absconding: How Can I Retrieve My Letters and Move Forward?

I worked with an organization for 3.4 years, and it was my first job. I resigned and served a 62-day notice period out of 90 days. I requested HR and my manager for an early release due to some problems at home. Many of my colleagues left the organization within 40, 50, and 60 days based on manager approval, but in my case, the manager didn't approve and forced me to serve the full 90 days. I was also ready to pay the salary for the non-served period. I left the organization without completing the notice period. My company has marked me as absconding and withheld my letters. Please guide me on how I can retrieve the letters and whether it is fair for the company to mark me as absconding in this case. This is bias. I have already joined a new organization without the letter. I am asking this from my future perspective.

Comparing other cases does not help you. The notice period is 90 days as per the appointment letter, isn't it? If yes, it is a breach of service rules. It's better to talk to your boss, convince him, and officially request to be relieved.
Pon

Dear,

First, please check your appointment letter; it must mention that you have to serve a certain number of days' notice period or, in case of failure to do so, the said notice period shall be deducted from your dues. This practice is generally followed by most organizations to prevent business losses and to comply with the law.

Secondly, as you mentioned, you have completed more than half of the notice period. Do you have any written communication regarding your notice period?

Third, before leaving, did you inform your company in writing that, due to personal reasons, you were unable to complete your notice period?

If yes, then logically, an absconding letter would be invalid. You should respond to that letter stating that you had provided timely intimations on a regular basis with all due respect, and you are willing to have the shortfall in the notice period deducted as a goodwill gesture to prevent any business losses for the company.

Write the letter in a very polite, logical, and diplomatic manner, showing that there was no intention to cause direct loss to the company. This approach will be beneficial in case they do not agree, and you may need to pursue legal action.

Regards,
Tushar Swar

First of all, I could not find any clause in the policies that an employee can be marked as absconding if he has resigned and didn't serve the complete notice period. Secondly, I intimated the company that I won't be able to serve the complete notice period and I was ready to pay the salary for the non-served period. I have sent all the proofs to the company as a reply back on the letter, and still, they have marked me as absconding. Please guide me on which step I should take now.

Regards,

[QUOTE=Mohak ABC;2122620]
Dear Sir,
First of all, I could not find any clause in the policies that states an employee can be marked as absconding if they have resigned and didn't serve the complete notice period. Secondly, I intimated the company that I wouldn't be able to serve the complete notice period and offered to pay the salary for the unserved period. I have sent all the proofs to the company in response to their letter, yet they have still marked me as absconding. Please guide me on the next steps I should take.

Dear Mohak,
If you have all communications in writing, then nobody can take any action against you. You can challenge them in the Labour court. For more clarity, you can discuss with an Advocate.

Regards,
Tushar Swar