Case against me or my present employer citing that I have not yet been relieved from the company?

I worked with a company for three weeks. At the time of joining the asked me to work for 3 years. The 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, and the VP marketing was putting a lot of pressure. Meanwhile I got a new job. I gave a resignation letter on 30th and offered to serve the notice period. But the VP said that it was a waste keeping me the, and paying an additional month's salary. He asked me to leave immediately, after returning laptop, datacard, visiting cards, keys and everything given by the company. He gave me a copy of letter signed by him as acknowledgement 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 told that full and final settlement will be sent to my residence after a week. After 2 months of followup, 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.

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

Can I get a relieving letter? Are the 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?

Hi,
1. while you are joining that time you know that agreement to be sign, so that time you haven't aware of that.
2. No, you are not liable to get any settlements from them, because you beached the agreement.
3. Yes, they can legally proceed on the basis of signed agreement by you.
4. before to join the company you knew the job profile and you know the pressure of sales then how you signed agreement.
5. so many questions will raise regarding this matter.
6. Even you have not completed your probation period also, if you will get that company relieving letter then what explanation you will give to future company for only 3 weeks work period.
7. better for your future concern start to search job as fresher that well to you.

Hi Richard Parker

You signed a contract with exit clause 1 month notice. The resignation letter is acccepted by the VP but has he mentioned anywhere in the letter the date of releiving or something like releived with immedite effect which will cover up for not serving the notice period.

Anyway, legally you are entitled to get your releiving letter since you have handed over everything and got a receipt for the same. Your resignation letter is accepted too, therefore you are entitled to 3 weeks wages. However you may want to weigh the pros and cons of having to grapple with time over trying to seek justice on principles or letting it pass and going on with life. There are instances of people having fought the system for donkeys years and being victorous in the end, but they also had to live life on the edge and rough it out. You are the best judge to see whether you want your wages and releiving or move on in life. If you can confide in your new management then you can probably go the whole hog and fight it out.This will also largely depend on your situation, family backing and willingness to bring things to a logical conclusion. Meanwhile your resignation letter accepted by VP should stand in for releiving letter. However do keep up the pressure to get a formal releiving letter through various forms of pleading. Hope this helps

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

Dear Richard,

1. You Signed a Contract for working for 3 years minimum.

2. You left the company in 3 weeks

3. You have a no objection letter and acceptance of the resignation letter.

Now based upon this information, one can say that they have accepted your resignation but your notice was not waived off. based on this assumption. they have adjusted the notice pay aginst your salary and said that you do not have any dues left. In regards to the releiving letter, they can very easily say that as you have breached the contract, we will not give you the releiving letter.

Now the question is do you really need to show this 3 weeks of experience in your portfolio. Can this not be eliminated? Its already 2 months that you are working in the new organisation and they have accepted that you shall not be submitting the relieving letter. So in future whay not eliminate the experience of merely 3 weeks entierly, then the need to explain why chaged a job in 3 weeks (sometimes taken as could not handle pressure)

Hope this clarifies your queries.

Regards,

Ashutosh Thakre