Facing a Bond Dilemma: Can I Leave My Job on Medical Grounds Without Negative Consequences?

Hi, I am an engineer working with an MNC for the past two years. I had a bond of nine months with the company as I underwent training, which is about to end in July 2014. I have received an opportunity elsewhere and have submitted my resignation on medical grounds (I resigned a few days back). However, somehow my manager has learned about this opportunity, and they are not relieving me. They are asking me to complete the nine-month period and then leave, which is next July.

However, the bond signed has a clause stating that if the employee terminates the bond, they will be liable for the amount mentioned in the payment schedule. The payment schedule is on a pro-rata basis, which amounts to something around 70k. I am fine with this; however, the manager is not relieving me. After two days of my resignation, HR called and asked, "Are you aware that you are breaking the bond and that you will have to bear the compensation?" I said yes and agreed to it.

When I reached the office, I went to HR to submit my medical certificate issued by the doctor, as requested by my manager. However, HR said that my manager and they would talk to me in some time. It was EOD, and still, no one approached me.

Can anyone please suggest how I should proceed with this? Will I get a clean exit on medical terms? Does the management have the right to hold me back when I am proving that my health is in a bad state? Will my experience letter have any negative remarks? My performance in the company has been above average throughout, and I have had no issues with anybody.

Regards,

I saw the headline yesterday and thought someone would respond. It takes time.

I am rather surprised at the request you are making. In India, it's not difficult to get BOGUS certificates of any kind, including medical. Your post clearly indicates that the medical grounds are only a pretext to resign. Please let us know whether you would have resigned had you not gotten another opportunity.

Also, kindly click on the links in the sidebar on the right about Breaking Bond, which has been covered in the past.

Thank you for responding. I would like to clarify that I have recently received an opportunity at XYZ Company and have already resigned last week. I am currently serving the one-month notice period. However, I am leaving on medical grounds because I am undergoing genuine treatment.

I decided to leave the job on medical grounds because I am under a nine-month bond and did not want my manager to know about my job switch. Unfortunately, my manager somehow found out and is not granting me release.

I would appreciate it if anyone could address the queries I have posted above.

Thanks in advance.

Since you have decided to leave the company for better opportunities and you are ready to pay the bond money, I do not think any other hurdles may crop up. After depositing the bond money, please ask your manager (or HR through your manager) to accord you a clean exit.

Thanks,
R K Nair

I appreciate your response, Mr. Nair. At this point in time, I am in a critical situation and a little scared. Hence, I did not mention my name considering the possibility that my company's HR might be a member of this community.

Questions About Clean Exit

Based on your experience, should I expect a clean exit after paying the amount? My questions are:

1. What if the manager mentions any negative remarks on the relieving or experience letter? Can I take legal action against them? My records are all clear, and as I have stated, my performance was good throughout.

2. Does the manager have the right to do anything that could harm my career in such a manner?

3. How should I articulate to HR that I require a clean exit?

Thank you for your guidance.

You have jeopardized your own career, to put it bluntly, by telling a lie. There is a saying, "He who lies, lies to hide it and makes it two." How do you expect to clean it up when the reason for quitting is moving on to a new job and not a health issue? You have not answered my question about whether you would have quit for medical reasons without the offer of another job.

If I were your manager, I would write in the exit letter somewhat like this: "We wish xxx all the best in his/her new job, even though he did not inform us about the other offer and requested to be relieved without completing the bond period on medical grounds. We did not go as far as insisting the worker be examined by an independent doctor."

I am sorry if I have not been of much help. I have written this to warn others in a similar situation to yours not to follow your path.

Hello Astronaut, you aren't going to like this—nevertheless, I hope you realize that this is for your benefit and not anyone else's. Like Simhan mentioned, you brought this upon yourself. So don't fret and blame anyone else—except yourself.

Didn't you know about this bond when you began looking for new opportunities? Please note that there's nothing wrong per se in such a step. It all depends on the timing and how you go about doing it. Or did you think that you could get away with it?

And coming to think of it, you have only a couple of months to go to complete the bond—July 2014. What was the tearing hurry? There's another aspect that you didn't mention—but I have a feeling that your training did contribute to some extent at least in your getting this new job. Please correct me if wrong. If this is true, then don't you think that you used the training opportunity given to you by the present company? I am not sure you either know or realize how it feels when you get to know that someone used you for their selfish motives. And when your present company decides to take action that is in their interest, you find fault and quote the rules? Going by the very same rules, you weren't expected to resign in the first place. Excellent moralistic, ethical, and professional attitude I should say...no pun intended please.

And to top it, you faked a medical reason to resign. Frankly, if I were the company's HR, I would take this into a criminal direction [guess you know what that means]—where you, the doctor who gave you the fake certificate, can both be hauled up to...you know where. Forget about the doctor, hope you know how your career could take a hit, given the strong background verification processes in vogue nowadays.

Another angle, please note that the company is on a strong wicket legally—since the bond is related to specialized training. You can go through the many earlier threads in this forum—you will know what I mean.

Option You Have

Coming to the option you have: Just let go of this opportunity, withdraw the resignation, and continue your services with this company. However, given the scenario of your own creation, I don't think you can continue for a long time in this company without hurting your future promotions or hikes. So once the bond gets over, please look out for new openings and move.

Final Advice

And one last point: suggest learning from this mistake...then it no more remains a 'mistake'. It becomes a part of your experience. Nothing in this response was intended to 'hurt'—it was to bring you back onto the right track of professional ethics and practice.

All the best.

Regards, TS

Termination of Contract Agreement

At any point during the contract period, you reserve the right to terminate the contract agreement even without providing any reasons. Once you resign, the contract is terminated, and you must follow the exit formalities. If the company fails to respond, appoint a lawyer and exit the company. It's quite straightforward with the help of a lawyer. It's not so difficult.

Regards.

Legal Action and Exit Certificate

Advocate is right; you can take legal action. However, beware; even the lawyer cannot prevent your employer from giving you a true exit certificate on the lines I have mentioned.

I would advise that you come clean and say that you found a better opportunity. Given that you are ready to pay the penalty, the team should provide you with a normal relieving letter. If you continue to stick to your 'medical' reason, the company may issue you a normal relieving letter but could complicate your background check.

Regards,
Ayush Pal

I strongly second Ayush Pal. Considering your medical certificate, assume that the company gives you a relieving letter with a clean chit stating you were relieved on medical grounds. However, if your new employer asks for your relieving letter or a Background Verification (BGV), you will be in a fix. Therefore, it is advisable to state the exact reason for leaving the job. If the company is good enough, they will relieve you as per the termination/penalty clause. Wish you all the best.