Stuck in Limbo: Can My Husband Join a New Job While Under Suspension?

Dear all respected professionals, my husband, who is working for an MNC, has been given a show cause notice regarding a vendor invoice increase/power misuse in which he is not involved. Subsequently, the company issued him a suspension letter and mentioned that they would take action after an inquiry. This process has been ongoing for three months, and he is neither going to work nor receiving feedback from the organization. When he tries to contact the HR department, they inform him that it is still in process. He has received a good offer from another company. Can he join the new company? Or, after joining the new company, will the old company take any legal action against him? Please guide me.

Regards.

Dear Correspondent, Your case needs more elaboration with facts to receive accurate comments. Firstly, it is a case of suspension, and the company should be providing suspension allowance in accordance with the company rules. If this is not happening, do not hesitate and promptly request the amount from HR.

An inquiry may not reach a conclusive and fair resolution if the victim is kept uninformed for an extended period. Please provide us with the exact position of your partner in the company. If the HR department is refusing to share details of the inquiry, consider resigning and clearly outlining the reasons before seeking employment elsewhere; perhaps the new company will appreciate your proactive approach. Remember, if there is a conflict of interest between the parties, it is advisable to consider moving on.

This is my opinion.

Thank you.

Clarification on Resignation and Legal Concerns

It seems you copied the entire message from somewhere. I wonder why. Is this a real case or made up? Or are you posting pretending to be someone or something you are not?

In any case, to answer your actual query, there is no reason for him to stay with the company if he has another offer. He can resign, stating his reasons—that the company has not bothered to do anything about the suspension or allowed him to present his case of innocence. I hope the new employer is aware of the case, or there will be problems later.

Resignation and Legal Considerations

He should meet the HR boss of the company and tender his resignation, making a request to be relieved from the services of the company. Most companies do not wish to go through an inquiry process if an employee wishes to resign, so the management may agree and relieve him. He can join the new company as he has received an offer. However, if his involvement or charges are related to any fraud or misappropriation of the company's funds, then he will have to clear himself of all such charges or face the music. In such a case, resignation is not the escape route.

Hi,

Please consult any Labour Law Adviser first. Your husband would need legal advice in order to submit an explanation in reference to the charges alleged in the said Suspension letter cum chargesheet. The first thing to note is that when it comes to allegations/charges, only the right advice could be given after we understand the words in between the sentences and in totality.

Best wishes,

RDS Yadav
Labour Law Adviser
Email: navtaraghrs@gmail.com