Stuck in a 90-Day Notice Dilemma: How Can I Resolve This with My Employer?

Greetings to All, I resigned on 11th Sep 2015. As mentioned in my appointment letter, there is a clause to either serve a 90-day notice period or pay the organization the shortfall of the notice period. I have requested the latter in my resignation.

In my case, HR & management have bluntly refused to approve my request and are threatening me to serve the 90-day notice period forcibly. Since my resignation date, neither my reporting manager nor any senior has bothered to discuss the subject for 13 days. On my reminder via email, they are now forcing me to work and serve the notice period, which is practically not possible for me.

I humbly request all seniors to please guide me and provide a solution.

Thanks & Regards, Bharat Daga

Hello Bharat Daga,

Please mention here the EXACT verbatim of the concerned clause. Unless the members know the exact wording, any suggestions would be misleading.

Regards,
TS

Dear Experts,

Below is the detailed verbatim conversation since 11th September 2015:

1. Resignation forwarded to the reporting manager on 11th Sep 2015 via mail. One day in advance, I had informed about the same. Along with the reporting manager, I had marked CC to the ZM, National Sales Head, National HR Head, Regional HR Head, Admin, and Channel Head for reference. In this very mail, I had requested to let me know the payback amount for the shortfall of the notice period and agreed to pay (as there is a clause written in the appointment letter issued to me).

2. Till 23rd Sep 2015, there was no response from my reporting head nor any departmental heads. I had frequently reminded the reporting manager verbally to respond to my mail; however, till date, he has ignored doing so.

3. On not getting any response for 13 days, I had written a mail to the Regional HR Head for processing the exit formalities ASAP by giving clarity to me on the payback amount to the organization and surrendering the company assets. To this, the National HR Head responded in a threatening tone that I will have to serve a 90-day notice period at any cost and cannot accept the payback request.

4. On this response, I personally met the Regional HR and requested to consider my request for payback and also take back the company assets which I had carried with me to hand over. He refused to confirm as he said that it is not in his authorization to do so. I also met Admin personally.

5. Since 23rd Sep 2015, I have been daily sending request reminders to the National HR Head; however, there has been no response. The last response from him was on 26th Sep 2015, stating that he will speak to me on 28th Sep 2015.

6. On 28th Sep 2015, he called me and asked me where I am joining. I replied that I will be joining my family business. He said then why do I need a relieving letter to join my family business and suggested I simultaneously look after the family business while serving the notice period. ME: "My appointment letter does not permit me to do any external task while on rolls with the organization. You are making me get stuck legally by suggesting this kind of working, and it is unethical on my part." HR: "Then write an email to me mentioning that Bharat Daga will not join any competitor and will join the family business. Only then I (HR) will help issue a relieving letter immediately by speaking to management."

ME: "This is not possible for me to write such a declaration."

HR: "From today, you (me) will not write any reminder emails to me (HR) and will speak to you next Monday (05.10.2015)."

This is the scene to date. During this period, I am doing my fieldwork as I am in sales and do not necessarily have to be in the office full time. The root cause of the denial is that my reporting manager & ZM have taken it very personally as they have known from the market that I will be joining the competition, and they are very well aware of my capability and my achievements during 3 years of valuable service. They also openly share in the office that "ISKO TOU NOTICE PERIOD SERVE KARNEY LAGAYGE HI. TA KI 3 MAHINEY BAAD ISKEY PAAS USKEY HAAT MEY KOI OFFER NAHI RAHEGA AUR ISKI TOU WAAT LAG JAYEGI."

Meanwhile, my ZM has kept me totally away from day-to-day work & involvement. Also, he has taken a replacement for me, which is also not a concern.

This seems to be on a personal level to ruin my career. I need guidance & suggestions to come out of this issue immediately.

Thanks & Regards,

Bharat Daga

Hello Bharat Daga,

Looks like there's been a communication gap. What I meant was the clause you referred to - 'in my appointment letter there is a clause either to serve a 90-day notice period or can pay the organization the shortfall of the notice period'. While the chronology you provided surely helps the members understand the scenario better, the written parts become important to give actionable suggestions.

Regards,
TS

There are laws and remedies to rectify breaches of the law. Your company is playing around, fully knowing that legal remedy takes time, and in the process, the employee will be forced to play the company's tune. The employee should now give a firm but polite letter of resignation with an offer to pay the notice period as per the offer letter. Quote the paragraph number in your letter. The letter should be in writing, duly signed, and not merely an email intimation. List out company assets and hand over the same under acknowledgment. Give firm dates from which you will be unable to work further and provide a written brief about your responsibilities and the latest update. The only problem that will happen is that your present company will not give release papers and will try to inconvenience you to the maximum. For this, you would have to sound out your new company about delays/shortcomings in papers.

Mr. Bharat Daga,

NOT YOUR CONVERSATION, but the exact language/wording of the offer letter on resignation was relevant to be posted here for the purpose of proper analysis of your problem. Can you post here the extract of the clause for proper analysis?

Thank you very much, Mr. Sateesh and Mr. Nath Rao.

I feel very pleased to receive a solution from experts like you. I have described in brief the complete scene. If necessary, I would like to share the email communications until now so that it would be more precise and better understood. Please advise on how I can share the same.

Regards,
Bharat Daga

Dear Bharat,

The terms of the offer letter are quite clear for both sides. The only thing required from your side, as per the prescribed precondition, is to deposit the prorated amount of your salary, including allowances, for the period short of the resignation notice to get your resignation accepted. You should not wait for the acceptance of your resignation for the purpose of depositing the amount of salary/allowances for the period short of your notice period or to seek an adjustment of your salary dues for the duty period. The drawal of salary dues is a regular feature, which should not have to be linked to the resignation. That is another thing if the management agrees to adjust the salary out of the resignation notice dues. It is better to enclose a bank draft for the amount along with your representation, making a mention of some specific date from which your resignation should be treated as effective. That way, you can ask the company as a matter of right to relieve you from your job.

It is none of the business of the management to ask you whether you are joining any other organization after resignation.

So, where the management becomes unresponsive to the needs of its own prescribed conditions, you should be specific and assertive in your resignation letter instead of making verbal or written requests. The management does not have any right to retain you against your wishes. Rather, it will be a matter of your goodwill gesture if you prefer to accommodate the requests of your superiors if they want to retain you for some more period due to some urgency or compulsion from their end. In the wake of the duly prescribed conditions, both parties are required to respond equitably and honorably.

Regards,
Bharat Daga

Joining the Family Business

Give him a letter informing him that you will be joining the family business and need to be relieved from your current position. Take a break of 10 to 15 days before starting the new job. There is a possibility that they might send you a notice, but you can respond by explaining that the circumstances have changed after your initial decision. Additionally, you are not legally or contractually obligated to refrain from joining the competition. It appears they are resorting to underhanded tactics, so you may need to reciprocate. Remember, all is fair in love and war, and they are unable to take any action against you. The pressure you are experiencing is likely psychological. If they are sensible, they will focus on their own affairs once you have departed.