Can I Claim My Salary and Relieving Letter After Being Asked to Leave Early?

I worked with a company for three weeks. At the time of joining, they asked me to work for 3 years. They gave me a contract which stated that I must give a notice of 1 month, and the company will not accept payment in lieu of that. It was a sales job, and the job conditions were miserable. The VP of Marketing was putting a lot of pressure. Meanwhile, I got a new job. I gave a resignation letter on the 30th and offered to serve the notice period. But the VP said that it was a waste to keep me there and pay an additional month's salary. He asked me to leave immediately after returning the laptop, data card, visiting cards, keys, and everything given by the company. He gave me a copy of a letter signed by him as acknowledgment that all these things were handed over.

He also gave me a copy of my resignation letter with acceptance signed by him. And then he said that the full and final settlement will be sent to my residence after a week. After 2 months of follow-up, the CFO of the company (who was there at the interview) said that they will not pay any salary nor will they give a relieving letter because I did not serve for 3 years as promised. I know that I did not serve the notice period because I was asked to leave.

Legal Rights and Obligations

Do I have a legal right to claim a salary for 3 weeks?

Can I get a relieving letter? Are they obliged to give it?

Can the company pursue a case against me or my present employer, citing that I have not yet been relieved from the company?

1. While you were joining, you knew that an agreement needed to be signed, so you weren't unaware of it then.
2. No, you are not entitled to any settlements from them because you breached the agreement.
3. Yes, they can legally proceed based on the agreement signed by you.
4. Before joining the company, you were aware of the job profile and the sales pressure, so how did you still sign the agreement?
5. Many questions will be raised regarding this matter.
6. Even if you have not completed your probation period and receive a relieving letter from the company, what explanation will you give to a future company for a work period of only 3 weeks?
7. It would be better for your future prospects to start searching for a job as a fresher that suits you well.

Thank you.

You signed a contract with an exit clause requiring one month's notice. The resignation letter has been accepted by the VP, but has he mentioned anywhere in the letter the date of relieving or something like being relieved with immediate effect, which will cover not serving the notice period?

Anyway, legally, you are entitled to receive your relieving letter since you have handed over everything and received a receipt for the same. Your resignation letter has also been accepted; therefore, you are entitled to three weeks' wages. However, you may want to weigh the pros and cons of grappling with time over trying to seek justice on principles or letting it pass and moving on with life. There are instances of people who have fought the system for years and emerged victorious in the end, but they also had to live life on the edge and rough it out.

You are the best judge to decide whether you want your wages and relieving or to move forward in life. If you can confide in your new management, then you can probably go all out and fight it out. This will largely depend on your situation, family backing, and willingness to bring things to a logical conclusion. Meanwhile, your resignation letter accepted by the VP should serve as your relieving letter. However, do keep up the pressure to obtain a formal relieving letter through various forms of pleading. Hope this helps.

Apart from the views mentioned herein above, analyze whether it is fruitful to fight for a salary of 3 weeks. If it is worth fighting for, then go ahead; otherwise, do not waste your time and energy.

You signed a contract to work for a minimum of 3 years. However, you left the company after only 3 weeks. You possess a no-objection letter and an acceptance of the resignation letter. Based on this information, it appears that while your resignation was accepted, your notice period was not waived. They adjusted the notice pay against your salary and stated that you have no outstanding dues. Regarding the relieving letter, they may refuse to issue it on the grounds that you breached the contract.

Considerations for Including Short-Term Experience

The question arises - is it necessary to include this 3-week experience in your portfolio? Could it be omitted? You have already been with your new organization for 2 months, and they have acknowledged that you will not be providing a relieving letter. Therefore, in the future, why not completely eliminate the 3-week experience, avoiding the need to explain the quick job change, which could be perceived as an inability to handle pressure.

I hope this addresses your concerns.

Regards,
Ashutosh Thakre