Facing Termination or Resignation Dilemma: Should I Accept HR's Offer to Reverse It?

Could you please help me by guiding me in the proper direction?

I am a terminated employee of one of the organizations due to performance issues (the real issue is a conflict with the Manager). Along with the termination letter, the organization has provided a full and final check of 2 lakhs (Notice pay) approximately.

Before the termination discussion came into the picture, I had resigned from the organization 30 minutes prior. During the discussion, the Management stated that they had already proceeded with the termination, and I had to accept it.

Now, the problem arises. After two weeks of termination, I received an offer from a different organization. I then requested my previous organization to provide my relieving letter and service letter.

The HR manager of the previous organization gave me an option: I had to write a letter stating that the original termination letter and check needed to be returned, and then they would consider it as a normal resignation.

Can I proceed with this? If they consider my resignation as normal, then I will have to serve the notice period. They are willing to offer normal compensation, and they want to remove the termination from the company's records and initiate a total reversal process.

Should I agree to this?

Thank you.

Shahnaz Hussain - Unsure what you want help or an opinion on? All you can do is negotiate to your benefit with your old employer, based on your own needs. If you get them to accept your 'resignation', then yes, you need to serve a notice period (you can negotiate with them for an early exit) but you will need to return the 2L as well as any pay they might deem necessary.

Thank you for your generous response, Talentsorcerer. I would like your opinion on this matter. If they consider my resignation, then I have to serve the notice period, which is 3 months. Will they agree to an early exit? Before termination, I had resigned from the organization. I have no idea how to proceed with this negotiation. Can you please guide me?

Regards.

I want to know a few things.

Notice Period in Forceful Resignation

Does a forceful resignation require serving the notice period or not? If the organization wants to relieve, can we ask for notice pay?

As you have mentioned, separation is not the actual reason for non-performance, but rather due to conflicts with the manager. Since you have already quit or separated from the company, there is no point in serving the three-month notice period again. I suggest you talk to the HR Manager, negotiate, and try to obtain a service certificate without any financial loss to yourself.

Many issues can be resolved through open discussion. I recommend that you go and visit the HR Department personally, explain the situation, and seek assistance in finding a new job. Aim for a win-win situation that benefits both you and your previous organization.

Regards,
BrainLight HR Solutions

Actually, I'm waiting for offer letters from two organizations. All the rounds of interviews were completed just last week. Can I wait for some time to get the offers in my hand, and then proceed with negotiations? I have already spoken with the HR head. He has given a positive response, saying, "We want to start the reverse process and completely want to remove the termination process and ensure smooth relieving."

Could you please guide me on whether I can wait or not?

Offers come and go; you cannot predict which offer will click and when it will be in your hand (as it may take a long time as well). It is better to clear the past mess that your employer created with you. This will give you relaxation while serving the notice period or joining a new company.

Current Opportunities

Now, you have two good opportunities happening to you: 1) You are in the final round of interviews for the next employment. 2) Your Head-HR is ready to reverse the process from termination to normal resignation.

We suggest that you first undertake the activity that is immediately in your hand (negotiate with your current employer and convert termination to resignation). Don’t wait for the offer to come; you can always ask for one month to join the new employer.

Listen to all seniors who are giving valuable suggestions and do what is best suitable for you.

Regards,
HR Department
BrainLight HR Solutions

Thank you very much for your valuable feedback. If I negotiate all reverse termination processes and the previous organization agrees, and my resignation is accepted, then if they are ready to provide a relieving letter within a short period of time, I will be completely out of the organization once I have obtained all the required certificates.

After being relieved from the previous organization, if I do not receive any job offers this month or next month, financial problems will start for me. For future security, I am keeping this check with me. Can I wait to receive an offer letter? In the worst-case scenario, if I do not receive any offers within three months, I can survive with a 2 lakh rupee check.

Considerations for Forceful Resignation

A. In the case of a forceful resignation, if the employer is willing to pay the notice period, I am not sure if they will pay. If they do pay, I can proceed; if not, financial problems will arise for me.

B. If they settle all matters this month and pay this month's salary, then I will be completely out of contact with the employer. There will be no future communication.

C. Can I keep the check with me for safety in case I do not receive any job offers?

I am fully confident that this week or next week, an organization will release an offer. I am under tremendous mental pressure. How should I handle the situation and determine the highest priority?

Can you please guide me? In life, all problems start and end with financial stability/financial matters.

Regards.

If you are more confident about receiving an offer next week, keep discussions warm with the existing company until you determine what is best for you. If no offer materializes next week, you can serve the complete notice period. Please note that in the case of a forceful resignation, not every organization will pay you the notice pay. Some companies may treat this as a resignation from the employee and provide early relief, hence no compensation is paid, based on the company's practice. Generally, in the case of a forceful resignation, the company should offer the full notice period or pay in lieu of the same.

I understand the financial stability part, but be clear in your mind about your priorities. Based on this, you can negotiate and make the final decision.

Regards,
HR Department
BrainLight HR Solutions

Thank you very much for your generous response. There is no choice; everything depends on the offer letter and financial survival. There is no alternative option. There is no point in discussing retention with the previous employer in the same organization.

I am confident everything will be sorted out within two weeks with a new offer and relieving. Some employers never provide full justification for termination, so why should we compromise on our point? Why should we have to compromise?

In the worst case, I have a cheque to survive for up to three months. Let them make the decision. From my point of view, whatever decision I made was absolutely correct because, for me, career and financial survival are more important than sorting out termination.

I have not received any offers yet. I am really in a critical situation and unsure of what to do next. I understand that good pay and position may take some time. I can choose to wait or proceed with negotiation on the notice pay.

I would like to share an experience that happened to me. Everything is going smoothly. The employer has decided to give a relieving letter as per organizational norms, along with notice pay (approximately 2 lakhs). However, I have not received any written offer yet.

Moral of the Story

Money is not everything. Once you are accustomed to working, it is very difficult to survive without work.

Notice Period and Employer's Discretion

The notice period is generally for the employer's benefit to make alternative arrangements. It is at the employer's discretion to relieve an employee immediately after waiving off the notice period. Therefore, there is no necessity to serve the notice period if the employer chooses to waive it.

Regards