How Should My Friend Handle Being Labeled as Absconding After Resigning Due to a Family Emergency?

Hi all, I have a query; can anyone help? My friend joined a company on 14th September, and on 16th September, she resigned because her father-in-law was admitted to the hospital due to a major issue, and he lives far away from her workplace. The company did not accept her resignation and informed her that she would be reported as absconding.

The next day, she visited again to discuss the matter and explain the situation in an attempt to get her resignation accepted. However, they were skeptical, assuming she might be joining another company despite showing them her tickets.

Despite her efforts, she tried to contact her reporting manager after a week to inform them that she would return by the 1st or 2nd of October and wished to rejoin. They requested her to come and meet in person.

She met with her reporting manager on 3rd October, but they refused her request to rejoin. Now, they are stating that she will be treated as absconding, and legal action will be taken. However, they did not allow her to work during this period and also declined to accept her resignation, as she resigned within two days, despite the notice period being one month.

Can you suggest what she should do in this scenario? Will she be treated as absconding, despite visiting the office twice after resigning? Should she include all the details in the same email where she submitted her resignation, or should she stay silent as she does not intend to include this company on her resume?

Thank you.

She can be terminated by the employer on the grounds of unauthorized absence as she has left without getting her resignation accepted by the employer. No legal action is called for unless she possesses any assets of the company.

Ask her to forget about any possible legal action by the company; they are just filibustering. Ask her to email scanned copies of the medical evidence of her father-in-law to the concerned persons in the company—HR, boss, etc.—showing that the reason she mentioned has been genuine. She can mention whatever was discussed verbally over the few days she was interacting regarding this subject. She can also mention that she wishes to continue in the same email. Showing tickets doesn't mean a thing in such situations. She should be showing proof of the exact reasons she told them verbally. If she doesn't want to work there anymore, this email will also ensure that she has produced a written trail of whatever she told them verbally, just in case they later claim they weren't told anything. And ask her to begin looking for another job ASAP that suits her new situation.

Regards,
TS

Seeking the opinions and suggestions from the members on behalf of somebody is not proper and difficult to answer. Those who are suffering and need opinions from the experts. I am of the opinion she should explain her difficulties and seek expert's advice.

Adoni Suguresh
Labour Laws Consultant

Final Steps for Resolution

She should narrate the whole story and write to the concerned officers of the company as the last communication from her side, for the last time, and forget about the company. Absconding means an act by someone who, even after making the best efforts, cannot be located or traced. No one can be compelled to serve, just as any master cannot be compelled to appoint anyone as his servant. It's a violation of fundamental rights from both sides. She is free to move on after this, to begin a new journey in her career canvas for a better future.