When Notice Periods Clash with New Job Offers: How Would You Handle Harsh's Dilemma?

Harsh Bhatia joined Millennium Software Technologies Limited [MSTL] as a Project Manager on 9th May 2011. At the time of joining, Harsh had relevant work experience of eight years. Within 18 months of joining MSTL, Harsh was promoted to the level of Project Manager. Harsh holds a degree in Masters of Technology [M.Tech.] from the National School of Technology. In addition to this, he is PMP and Six Sigma Black Belt Certified. By behavior, Harsh is a person who follows processes. He doesn’t feel comfortable with uncertain situations and avoids conflicts.

Harsh reports to Vivek Verma, Senior Project Manager. Vivek holds a degree in Bachelor of Technology [B.Tech] from the Regional School of Technology. He is PMP certified. His total work experience is 14 years, and he has been working with MSTL since March 2008. By behavior, Vivek is very dominating, demanding, and direct.

Six months ago, Vivek had an argument with Harsh. Vivek was unable to provide clarity on a few deliverables, and as a result, Harsh was lagging in his project. Their fight was very loud. Since then, their relationship has gone kaput.

Harsh began to explore other career opportunities. As a result of his consistent efforts, he managed to secure a role as Project Manager at Century Software Limited [CSL]. CSL wants Harsh to join within 30 days. As per his Terms and Conditions of employment with MSTL, he must serve a notice period of 90 days or pay in lieu of the unserved notice period. His open tasks can be completed in 15 days. On 19th January 2015, Harsh resigned from his employment with MSTL and requested an early release. Vivek is not willing to release him early. He wants Harsh to complete the entire notice period. Harsh approached the HR of MSTL and presented his case. The HR Head is feeling helpless; he cannot relieve Harsh unless he gets clearance from his reporting Manager. HR cannot give a relieving letter or any kind of letter unless an employee gets clearance from his Functional Head or Reporting Manager.

Harsh approached the Hiring Manager of CSL and requested him to extend his joining date until 20th April 2015. The Hiring Manager explained to him the urgency of the position and why he cannot give time until April 2015. He wants Harsh to make a quick decision, or else he will go ahead with other candidates. Harsh is in no mood to let this opportunity slip. The Hiring Manager of CSL told Harsh to join the company without a relieving letter. Harsh knows that the approach suggested by the hiring manager is unethical.

Harsh went back to his reporting manager and the HR Head and pleaded with them to release him early. He proposed to pay in lieu of his remaining notice period. However, his reporting manager was reluctant to release him early.

Harsh accepted the offer from CSL. He continued to request his reporting manager to release him from his responsibilities. Harsh decided to abscond from the company from 27th February onwards. He joined CSL on 2nd March 2015.

This is not a unique case. There are many people like Harsh. I have no second thoughts in condemning Harsh. His approach was unethical. What other options did he have?

Notice periods are meant for the handover of tasks and activities. An employee is also supposed to complete tasks in hand. The organization can ask the outgoing employee to help in finding his replacement. In the worst possible scenarios, the organization can ask for payment in lieu of the notice period. Any type of power to make exceptional or discrete decisions in the hands of managers often leads to wrong practices and gives the manager a godly feeling, where he can make or destroy the career of anyone.

Hiring managers should give due consideration to the commitment of the notice period of candidates. They should not inculcate wrong practices in order to complete their targets.

In my opinion, employees should be released immediately or as soon as possible after they have tendered their resignation. An employee who is serving his notice period is a disengaged employee. He is likely to do more harm than gain. If he is an influential person, you will see more employees walking out with him on his last working day.

In this case, it is difficult to identify the wrongdoer. I don’t know if Harsh was wrong or Vivek or the HR Head of MSTL or the Hiring Manager of CSL. All of them were following their own motives. What do you think? Do you think it will harm Harsh in the long run? What will happen 10 years down the line when Harsh will be applying for senior-level roles such as Program Manager or CEO?

Regards,
Sanjeev Himachali

Dear Sanjeev,

You have quoted the names of the employees and the company. Are these names real or fictitious? If the latter, then I recommend you give a disclaimer to this effect immediately. The name of the company you have quoted exists in Chennai. If you have indeed quoted the real names of the employees or the company, then your post merits deletion.

Thanks,

Dinesh Divekar

Here, what Shri Dinesh Divekar cited is very much agreeable and has merit. Yet, some suggestions are herewith, whether they are applicable or worthy according to the truths:

1. Where the management/organization knows there is a conflict between two employees that should have been sorted out, failure certainly raises conflicts and the intention of moving away to another job/service for better prospects should never be vitiated. In some cases, they even prefer to go to a lower level to get bigger opportunities at a later date. The failure to resolve the issue is the main cause. In this particular case, these facts are very glaring.

2. When an employee comes up with a resignation and there is an intention of immediate relief, please investigate the real cause, refer them for counseling, and if possible, place the person under another supervisor. The pain they are experiencing may be due to their current supervisor, and taking proper remedial measures to address the issue is crucial.

3. If the present head is unwilling to grant relief, there should be clear reasons for such actions. If the reasons are personal, intervention should be considered to provide the necessary relief.

4. Please establish a monitoring committee to resolve issues that are beneficial for both the organization and the employees. Additionally, employers may find comfort in the monitoring process; never fully rely on HR alone, as HR is a tool and not everything should be solely entrusted to them. Senior management should also intervene to address and resolve issues.

5. If an employee wishes to leave despite being provided with various opportunities, it might be better to let them go, as retaining such an employee could negatively impact the organization's environment.

Best of luck...

Regards

I believe Sanjay has posted a case study similar to what appears in trade publications. He is trying to raise a viewpoint so that he (I think) can respond to this case study with a balanced answer or provoke responses. This way, he can poll and choose the right way to deal with a real-life situation.

Dear Friends,

A good story written and composed by the author Sanjeev Himachali. It seems to be a case study. The same was also posted on LinkedIn by the author on 10th August. The author could have avoided using real names. Even though the names are fictitious, all of them exist in reality. This case study is worth discussing within the HR Fraternity.

Thank you.

I checked the web and did not find any company by that name. I found some with Millennium in their name: Millennium Software Company and Millennium Information Technologies. Thus, I would presume Sanjeev has made the case study up.

Issues with HR and Management at MSTL

I believe that the in-line Functional Head or Reporting Manager of Mr. Vivek Verma, Senior Project Manager, utterly failed to assume his responsibilities, thus failing to execute his duties. Further, I am forced to conclude that the HR Department of M/s Millennium Software Technologies Limited [MSTL] is nothing more than a "Rubber Stamp." There is no grievance redressal policy/framework/system in place. The HR Department of M/s Millennium Software Technologies Limited [MSTL] has forgotten its essential role as a friend, philosopher, and guide of the organization.

Recommendation for HR Department

I suggest to the HR Department of M/s Millennium Software Technologies Limited [MSTL] to conduct a cultural audit in the organization, identify the issues, and prepare for change. Of course, start with the HR Department.

Regards