Facing HR Roadblocks: How Can I Recover My Final Pay and Relieving Letter After Resignation?

During my 2 years of tenure with xxxxx Pvt Ltd, I realized soon that the HR Department is not very knowledgeable. However, when I saw the newly hired HR Manager, that was shocking. Forget professionalism, she doesn't even know how to dress.

Well, I'm not here to discuss her.

Issue with Resignation and Notice Period

My issue is - I resigned from the organization asking to leave in 45 days (instead of the 90 days notice period), and I was ready to pay the appropriate amount as a notice period buyout. This 'resignation email' was accepted by my Manager, and he responded, mentioning my last day after 45 days of notice.

Everything was fine until the HR manager intervened and asked me to serve the full 90 days notice period.

After the acceptance by my Manager, I proceeded with the joining date and other formalities with my new organization, and everything was set up. I was not in a position to postpone my last working day in xxxx. I tried scheduling a meeting with the HR, but they seemed least bothered and avoided me.

Post-Resignation Issues

Now, after completing 45 days (50 days to be exact), I sent my 'Goodbye Email' and returned all the assets to the Organization (Laptop, Blackberry Phone, Airtel Dongle, headphones, etc.), and also received confirmation via email.

It has been 2 months since I left the company, and they are refusing to pay my 'FnF' and issue a 'Relieving letter.'

I wrote them an email; however, they are treating this as an absconding case. Therefore, I plan to send a Legal Notice (of which I have already informed the HR).

Please suggest what else I can do to expedite the return of my money and documents, along with an apology from HR for the mental harassment.

YouDeserve - I think rather than 'forcing' the issue, I recommend meeting with them and explaining your POV on the completion of the F&F formalities. Most issues similar to yours arise out of a lack of communication and a buildup of anger, which is detrimental to closing out this issue.

What does your manager say about your new HR manager's stand? Obviously, he ought to intervene with higher-ups. When an earlier decision is changed or reversed, whether by the HR manager or anyone else, there have to be strong grounds. That you moved ahead with the joining date and other formalities with your new organization is only incidental from this perspective.

Have you escalated this issue with your MD/CEO? Or if you can't do it directly now, suggest mailing him with cc:s to your erstwhile manager and the HR manager. You can't lose anything now, just escalate the issue with the top management rather than going the legal path. Any chances of a resolution through the management would disappear once you go legal. Are you ready for it?

Let the legal path be the last resort. That's when you will have an upper hand. The obvious query by the court would be 'Have you exhausted all remedies with the management?' and you need to have solid proofs of having done this.

All the Best.

Regards,
TS

And a few more points for you to keep in mind.

From now on, for every verbal interaction with the management, begin to create written records. Mail your interactions to verify that everyone is on the same page, and this automatically becomes a written record for later use.

Also, suggest beginning to involve an advocate from now on in whatever you do with this company. You need to build up the legal ground if you have to go legal later.

All the best.

Regards,
TS