Stuck in a Notice Period Dilemma: Can My Manager Deny My Relieving Letter?

I just got a new job in a company and subsequently resigned from my present company. My present company has a notice period of 2 months and no buyout option (available only when the manager agrees). Now, the new company wants me to join within 1 month, after which the offer will be withdrawn. However, my manager is not allowing me to leave and is asking me to serve the full 2-month notice period. I have tried explaining my situation to my manager several times, but he simply doesn't agree and finally told me that he is not concerned about my career prospects.

The new company eventually withdrew the offer, and now I do not want to work in my present company anymore. I also informed my manager that if he deliberately wants to stop me for 2 months, then I will be least interested in providing any transitions or knowledge transfer he requests.

Legal Implications of Notice Period

1. What are the possible legal implications that I might face regarding the relieving letter or experience letter, even after completing my 2-month notice period? Can he deny these letters in the absence of the required commitment?

Actions to Ease Tension

2. If I am going to face difficulties in this situation, what possible actions can I take to ease the tension?

Please note that I am still serving the notice period.

Dear Sanket, Since you are already leaving the organization, it is advised to remain peaceful for the remaining period. The least the company can do is issue you a termination letter for not abiding by the company rules and creating trouble in the day-to-day operations. So why create a situation where, even if they relieve you, they provide a bad background verification report, indicating you were not a good employee and they would not want to rehire you due to nuisance value?

Hope you are smart enough to understand the implications and instead improve your relations with the manager through dialogue.

Regards, Ashutosh Thakre

First of all, how much time-to-join did you commit to the new company—1 or 2 months? We keep dealing with various types of companies, big and small, and what's told in the interviews is usually taken into account during the offer roll-out. Even if the company wants you to join earlier (which is usually the reality), it depends on you to handle it suitably. You should have told them, "I will try, but can't commit without discussing internally."

As far as I can see, the impression you must have given to the new company was that joining in 1 month is surely possible. I suggest handling such issues carefully in the future.

Handling the Manager's Response

Coming to your line "I also told my manager that if he deliberately wants to stop me for 2 months then I will be least interested in giving any transitions or KT he wants me to give," Nathrao is absolutely right. I would also like to point out that you are making your life tough as long as you work here and, in the process, ruining whatever goodwill you would have generated so far.

Relieving and Experience Letters

Also, vis-a-vis your line "Can he deny the relieving letter or experience letter in the absence of the required commitment?", please note that it's you who will be the loser in the final tally with such an attitude. Without sounding too blunt, frankly, you didn't handle the joining-time issue with the new company properly, which led to this situation. So blaming your manager for what essentially was your doing isn't right and also counterproductive.

Just continue the old way you used to work with full efforts from your end. There's a saying: "whatever happens will turn out to be for our long-term good." Who knows, maybe your manager will see that your performance hasn't deteriorated even after this incident and may decide to give you a hike or promotion? I have seen it happen earlier.

Future Steps

If you still want to move out, please handle the joining-time issue more carefully, without any presumptions. All the best.

Regards,
TS

Thanks for the answers and suggestions. I have been trying to patch things up with my manager, and it seems to be working. The only reason I exploded was that my manager said he doesn't care about my career in a very rude tone. I was shocked to hear that. Even after requesting him to reduce my notice period from 60 days to 45 days, he didn't agree. I was also ready to pay for the remaining 15 days, but he didn't agree to that either. So, I had to let go of the offer. Unfortunately, I have to take back my resignation since I had no other offer.

@Ashutosh Thakre, I am not leaving the company as of now. This is because the other company that gave me the offer has now withdrawn it.

@Tajsateesh, I have tried every possible way to convince the other company to extend the joining date, but in vain. I have always been telling them from the start that I have a 2-month notice period. They even gave me the option to join in 45 days, but my manager didn't agree. They were ready for the buyout option as well, but again my manager didn't agree. It seems like my manager was not willing to let me go. "I would also like to point out that you are making your life tough as long as you work here... and, in the process, ruining whatever goodwill you would have generated so far." It's already tough to work here knowing that your manager is so short-tempered given the conversation.

Anyways, thanks again for all the suggestions. But the sad part is I lost the offer just because none of the parties were willing to agree. It gives me one lesson though—it's good to have 2-3 offers that agree to take you after your notice period. It kind of gives strength to stand up to situations and managers like these.

I think you are missing the forest for the trees. Frankly, I don't find ANY difference between your manager and this new company, except that your manager said he "doesn't care about your career," while this new company expressed it through their actions. Otherwise, I don't see any justification for them to put undue pressure on you when you clearly told them that less than 2 months is not possible. At best, you can try.

Take it from me: it's good that this offer had to lapse. For all you know, you might have gotten into more serious trouble if you had joined there. So, don't worry about losing this opportunity.

It's also not realistic or right for you to form an opinion based on this experience that you should have 2-3 offers before resigning. What you need to ensure is that the new company understands your limitations and cooperates. Any relationship that doesn't adhere to a win-win association is bound to fail at some point. It's wise to keep away from such situations, be they professional or personal.

However, this also depends on your interview performance. Many companies wait even 3-4 months for a very good candidate to join. So, I suggest honing your technical skills to the extent that you will be in the driver's seat rather than the company.

All the best.

Regards,
TS