How Can I Get My Relieving and Experience Letter After Quitting Due to a Bad Manager?

Hi All,

Due to unprofessional behavior shown by my manager, I have sent my resignation to my director and asked to be relieved immediately without serving the notice period. However, he has not replied to my email. Since he is not responding to my emails, I have stopped going to the office.

In the above circumstances, how can I obtain my relieving and experience letter from the company? Please advise on the same.

Thanks.

You have combined two different things. One is the reason for the separation from the company, and the other is the procedure for the separation. Whatever the reason may be, you need to follow the procedure as per the terms and conditions outlined in your appointment letter.

Secondly, if you had a disagreement with your manager, you could have handled it professionally. Why did you not submit an application to address your grievance? You mentioned that your manager behaved unprofessionally; however, that does not mean the company is also unprofessional. In fact, you resigned abruptly. In an average company, this could be seen as immature behavior. Furthermore, you have ceased attending the office. Unless you are officially removed from the company's roster, how can you unilaterally decide to stop going to the office? Isn't this unprofessional behavior?

I recommend going to the office in person, speaking with HR, and sorting out the matter.

Thanks,

Dinesh Divekar

You have not given any details of the company, industry or the structure of the organisation. Further, you have not stated what is the professional behaviour. Is it a disagreement about the way to do a certain thing? Or is it abusive behaviour? Or is it amounting to sexual harassment…
The action/reaction redressal of the cases is completely different. How the company would also depends on what actual matter is. If you give us further details, perhaps someone will be able to guide you properly

Thanks for your advice. The manager was speaking loudly in the lobby and did not bother to talk to me in the conference room. He was adamant about showing me in a bad light in front of the whole office by explicitly pointing at me in a very authoritative way. He told me not to touch anything. Hence, I have left the company-provided laptop at my desk. It seems like he is determined to send me away from the office premises by commanding me not to touch office-related resources. As I cannot sit idle, I had no other option but to leave the office premises. Due to this, I am not able to go to the office.

Still, management is not acknowledging my resignation letter and not demanding a notice period. This is a small software company, and there is no HR department in this organization. Please advise on how to proceed further.

Thanks,

You have described the behavior of the manager. However, the question that comes to one's mind is why did he do that? Does he behave the same way with everybody? To whom does your manager report? Have you informed him/her about your manager's behavior? Did you commit some grave mistake that compelled the manager to behave that way? Was there customer satisfaction of the highest kind? Was the tension between both of you brewing anyway, and on one fine day, the lid was off?

What is your designation? In what department do you work? Do you report to the manager who misbehaved with you? What about HR? Do you have the means to escalate (in other words, the grievance redressal mechanism)?

As written in the earlier reply, you may go and discuss your resignation with HR. It was HR who issued the appointment letter to you. Therefore, does the process of separation also go through that department?

Thanks,

Dinesh Divekar

Hi Dinesh Divekar,
Thanks for your reply, finally director replied to email stating that "Your employment with Company has been terminated as of July 11th 2016. We will process your paperwork and send your final paycheck to your home address (below) by end of July’ 2016".
My concern that, how employer will terminate after my resignation? if employer issue termination letter instead of reliving letter, what is the impact on my career? please advice how to over come this problem.
Thanks.

Thank you for your reply. Finally, my director responded to my resignation email, stating, "Your employment with the company has been terminated as of July 11th, 2016. We will process your paperwork and send your final paycheck to your home address by the end of July 2016."

Concern About Termination After Resignation

My concern is, how can an employer terminate me after I have resigned from my job? If the employer issues a termination letter instead of a relieving letter, what will be the impact on my career, and how can I overcome this problem? Please advise on the same.

Thanks,

At this stage, you can only wait and watch. What to do if your company issues a termination letter? This is a hypothetical question as of now. Take a printout of the mail and keep it with you.

Termination Process and Employee Rights

Nevertheless, for any termination, there has to be a domestic inquiry, and in the inquiry, misconduct of the employee has to be proved. This is the basic requirement. This is a weakness from their side.

From your side, when you stopped reporting for your duties, it is called abandonment of employment. You have weakened your case because of abandonment.

Returning Company Property

Have you handed over all the material that the company had issued to you? Have you deposited the identity card? If not, keep a scanned copy and photocopy with you and deposit it.

Thanks,
Dinesh Divekar

Thank you for your support. I have not abandoned my employment; my manager told me not to touch anything. Hence, I have left the company-provided laptop at my desk. It seems like he is determined to send me away from the office premises by instructing me not to use office-related resources. Since I cannot sit idle, I had no other option but to leave the office premises. Due to this, I am unable to go to the office, but no one from the management side has called me to inquire why I am not attending my duties. This morning at 10:30 A.M., they simply replied to my resignation email. I have not yet returned the identity card; I will deposit it soon.

Thanks,

If your manager told you not to touch anything and your entry to the office was blocked, then you should have immediately addressed a letter to the MD of the company. Your company is not the personal property of the manager.

In case you did not receive support from the MD, you should have made a formal complaint to the Labour Office in your area. A single call from the Labour Officer could have rectified the situation. Even well-established companies do not want to go against Labour Offices. You missed this golden opportunity. I have provided this suggestion several times on this forum, and it has proven to be effective.

When employees face unfair practices, they can utilize the redressal mechanisms that the government has created. Instead of utilizing these services, you sent a resignation email and stopped going to the office. There is nothing wrong with parting ways with the company; however, your approach was incorrect.

On-the-spot dismissals occur due to a lack of knowledge of labor laws. It is the management's responsibility to educate all managers on the provisions of labor laws. Unfortunately, this is a far cry in India.

Thanks,

Dinesh Divekar

I have informed my director about my manager's behavior. Please go through the email I sent to my director below.

"This is regarding the work ticket. I was assigned this ticket today and instructed by XXXXX (My manager) to work on it. When I commented on this ticket regarding my work, he objected to the comment that was posted. He told me not to update the ticket as the management team would review it. I request you to go through the ticket.

He was speaking loudly in the lobby and did not bother to talk to me in the conference room. He was adamant about showing me in a bad light in front of the whole office by explicitly pointing me out in a very authoritative way.

He told me not to touch anything. Hence, I have left the XXXXX (My Company) provided laptop at my desk. Please ask the admin team to take it from my place and revoke all my access to the servers. It seems he is determined to send me away from the office premises by commanding me not to touch XXXXX (My Company) related resources. As I cannot sit idle, I had no other option but to leave the office premises. Due to this, I am sending this email from my home.

I did not expect this sort of treatment after working at XXXX (My Company) for 2 years and 3 months. I cannot take this any longer as it has hurt me where it matters the most. Given the state of affairs, I cannot continue to work any longer with XXXX (Company).

Please consider this as my resignation and relieve me as of today, as I cannot work in this mode any longer. Please send all the Full & Final settlement and the respective relieving letter to my below-mentioned address in the stipulated time frame."

Questions on Gross Misconduct

What comes under gross misconduct? Does not serving the notice period come under gross misconduct? In this case, management did not discuss my notice period. I am ready to serve my notice period.

Please let me know, in this situation, what are the chances to fight against the company about the termination.

Thanks,

Hi Dinesh Divekar,

I did not mention the notice period in my resignation letter, as stated in the offer letter. I have requested to be relieved on the same day, but based on this, the employer can terminate me. Please advise on the same.

Thanks,

Understanding the Situation

You were given a certain task, possibly a CRM ticket or a bug report ticket, but we still don't know your exact role or position in the organization. You posted a status comment, perhaps blaming the manager for something or including incorrect information. These are just my guesses, as you haven't provided any details while asking for advice.

Just because you received criticism from the manager doesn't make it unprofessional. It doesn't have to happen in a conference room to be valid. Whether you've worked for 2 months or 2 years isn't the deciding factor; it's about what you did and how it affects the company. The mistake you made must have been serious enough for the manager to restrict your access to company resources, so it's unlikely to be a personal issue. A typical response would be to report the matter to his superior and request reassignment or offer to resign, serve notice, and leave. Your actions might appear unprofessional and egoistic to an outsider. Whether your ego is justified is another matter we can't comment on.

Company's Justification for Termination

The company is justified in terminating you, and the termination letter could impact your future prospects. It would be better for you to talk to the owner or CEO to negotiate a smooth exit.

Regards

Please send me a private message on the forum for the details. If there are details you have not shared on the forum, the possibility of a correct answer becomes lower.

Clarification Needed

But that apart, what exactly do you wish to know from us? I mean, what is the solution or advice you want? You left without notice and resigned. That is given and can't change.

They decided to terminate you. We don't know whether they completed a domestic inquiry. They may have records that they asked you to attend. What can you do? Forcing someone to give a relieving letter instead of termination is difficult, to say the least. Even if you take the help of a labor officer (again, I don't know how effective), in any background check by a future employer, they will definitely give a negative.

Recommended Action

Meeting the owner or director and getting it settled amicably is the best option for you.