How Should I Handle an Abandonment Letter After Resigning Due to Family Emergencies?

I joined a reputed company through a campus interview and have served nearly 7.5 years. Recently, I took leave as my wife was about to deliver a baby, but unfortunately, the baby couldn't survive. My wife and family were in total distress, and my wife had further health issues. Additionally, my mother, aged 70, is also in poor health. I applied for a month of leave, which was approved. Later, I applied for 10 days of LTA leave to continue from the previous leave, which was already in progress. As I reside in Karnataka and my workplace is in Odisha state, being the sole caretaker of my family, I realized that taking leave is not a permanent solution and decided to resign.

Initially, I informed my immediate superior verbally. I then sent a resignation letter via email and also mailed a hard copy. Despite my explanations, they insisted that I report to work, but I emphasized that I couldn't leave my family behind and repeatedly requested them to accept my resignation and relieve me.

However, after two months, they sent me an abandonment of employment letter. I wish to resign from the job. I have committed no wrongdoing and have diligently fulfilled my work responsibilities. All I seek is to resign from my position properly.

Clarification on Leave and Resignation Process

It is not clear from the post whether the approved leave was with pay or without pay. In the case of leave with pay, it is important to know if you have received your leave salary so far. Additionally, it is crucial to determine whether your resignation was officially rejected with reasons provided, and if a formal direction was given to report for duty on or before a stipulated date.

In the absence of a formal rejection of your resignation and clear direction to report for duty by a specific date, the employer cannot unilaterally conclude abandonment of employment. You should politely respond to your employer indicating that their assertion of abandonment is incorrect. You had previously submitted your resignation, which was neither accepted nor rejected. Due to personal circumstances, time constraints, and distance, you were unable to report for duty upon the expiration of the approved leave as per their verbal instructions.

Therefore, you should request once again for your resignation to be accepted and any notice period monetary obligations to be adjusted from the amounts due to you upon resignation.

Regards

What kind of duties were you performing in the company? Any documents/property to hand over?

There is no real option other than to convince the company of your genuine problems and seek acceptance of your resignation. You have served for 7.5 years, and they must know you well enough to understand that you will seek resignation without real problems. You may have to visit their office and talk face to face with higher management.

Submitting a No Dues Certificate

You may need to visit the office at least once to submit a "No Dues Certificate." You have to obtain this from all concerned departments associated with your day-to-day work. As a settled law, until your resignation is accepted by the management in writing, you are deemed to be in the service of the company. Management may not settle your dues without a No Dues Certificate. Be polite with the management and explain your genuine inability to continue in the job. All the best.

Sorry to hear that your baby couldn't survive.

Regards, Raghavendra

If you have proof of sending the resignation letter, then the letter of abandonment of service sent by the company will not have much effect. Since you have already sent the resignation letter, you do not need to send it again.

However, you need to carefully reply to the letter of abandonment sent by the company. For this reply, you should seek the help of a lawyer.