Navigating Notice Period Dilemmas: Should I Stay or Pay After Being Asked to Leave?

Hello all, I am in a managerial position in a reputed company. My boss asked me to leave the company within 90 days. He only informed me over the phone and through a very short text message. In my offer letter, it was stated that a 3-month notice period should be served or an equivalent of 3 months' salary (Basic + DA + HRA) should be paid to the company in lieu of the notice period.

Fortunately, I received an offer from another company within 10 days from the date when he asked me to leave. Now, should I still serve the remaining 80 days in my current company? In the event that I am not willing to complete the remaining notice period, would I be required to pay the equivalent amount (Basic + DA + HRA as specified in my offer letter) to my current employer? My new employer is expecting me to join within 2 weeks.

Even if I am willing to pay the amount, is there a possibility that my current employer might retain my position until the notice period is fulfilled?

If you raise the issue of payment in lieu of serving the notice period, you would be turning opportunity into adversity. A proposal of this kind would have been acceptable provided you had submitted your resignation. Now, in this case, your "boss" has told you to resign. I recommend you ask for a meeting with him. In this meeting, thank him for giving you a time period of 90 days to leave the employment, though he has certain misgivings about you. Tell him that his text message has created a feeling of uneasiness of the highest degree and has made it difficult for you to work under such circumstances. In a condition of mental instability, you might make some mistakes which you do not desire.

Tell him that a notice period of ninety days would have been appropriate under normal circumstances. Hence, ask for the complete waiver of the notice period. In this meeting, neither should you disclose the opportunity at hand nor show enthusiasm to quit your employment. Be professional but show signs of worry. Telling you to resign could be an injustice, yet show that you are still depending on him. This you need to do in order to satisfy his ego. Should he ask for your future plans, give a vague reply. If required, have a role play at home as a practice session.

At the same time, approach your future employer for an extension of the joining date. Tell them that you are negotiating with the current employer for the curtailment of the notice period and they are exploring options as to whom you should hand over your charge.

All the best!

Regards, Dinesh Divekar