Employee Resigns Abruptly After Unpaid Months: Should We Hold Back a Positive Relieving Letter?

Dear All,

One of the HR Executives, who was recently made permanent from an intern, resigned recently. The resignation had a unilateral notice period. The executive was given an important assignment a month before this resignation. She decided to resign abruptly with 3 days' notice against the 1 month mentioned in her offer. The company is a startup and could not pay salaries for the last three months. Although there is a default from the company's side, it was the employee's choice to stick for 3 months.

While leaving, she wrote a nasty email, taking out her frustration entirely on her reporting manager and blaming him in all inappropriate ways. The company is not denying making the payment but is just waiting for some funds to come. She has been assured she will be paid. Her resignation is a normal resignation letter in all good terms, thanking everyone for the support. However, when her reporting manager asked her to finish the job assigned and then leave, she blamed it all on him.

Is there any way that once the company pays her off, she should not be given a clear and positive relieving letter, as this will reflect badly on the manager who did nothing wrong in this context?

Now, what do you want, please? I didn't understand well. However, you are a startup company. She resigned for her own reasons. Accept and let her go. If you want to pay any amount, pay it as you like. Clearly state that she violated your work instructions. No quarrels. Let her go. Don't put any hurdles for accepting her resignation. You have not removed her. Any employee has the freedom to work anywhere as per his or her wish, so no problem. Let her go and select another for your work. OK.

@GANNAHOPE: The manager has let her go. Accepted her unilateral notice too. Just asked her for a proper handover for work which was assigned a month back. Upon asking for completion of the work, she just blasted off the HR Manager inappropriately. It is noteworthy that the salary was to be provided by the company and not by her manager. This shows that employers have no say in this.

Handling Employee Resignation Disputes

Sorry, this seems to be purely your dispute, a verbal disagreement, I think. For these types of situations, no direct answer can be given; it's best to settle amicably. Handing over any material or records is the primary duty of the departing employee. Before accepting a resignation, you should ask if this has already been done. If the material is not returned by the relieved employee, especially if it contains company secrets, etc., you can issue a notice through a company lawyer, giving a certain time to hand it over. If it is not turned in, you may lodge a police complaint for a cheating case.

If the above record is not important, leave it. Take care in new selections. Asking for work not done is a childish act. If she wants to resign and leave, let her go without regrets. Always remember, HR should be sharp enough to avoid legal battles, headaches, or wasting precious time.

Salary Payment and Notice Period Obligations

You have not paid her salary for 3 months. She has no obligation to work there for even a day or to provide a notice period. Your company has violated the terms of employment.

The manager may not be the one paying the salary, but as far as she is concerned, he is representing the management. In any case, you are on a sticky wicket. A complaint by her will have your company on the mat, and if her complaint involves allegations of sexual harassment, he will end up in jail.

So give her the documents she needs and don't harbor any hope of getting her to complete her notice period or her pending assignment.

I absolutely agree with Saswata Bannerjee. You need to think about your legal responsibility, your moral responsibility, and the combination of both.

The employee was with you for 3 months when she should have left the job in the second month. She made a mistake by joining you. By not paying her salary (which could have been her first as a full-time employee), you caused frustration. It's important to remember that an employee's first salary holds great significance.

While you may consider your work a priority, her salary was crucial to her. Perhaps she was the sole breadwinner for her family. It's possible that incorrect commitments were made to her by someone. A closer examination may reveal the reasons.

Although you may be a start-up, for her, it was also the beginning. Please issue a proper letter to her and settle her dues. How you choose to pay is up to you.

Warm Regards,

Bharat Gera HR Consultant [Phone Number Removed For Privacy-Reasons]

Violation of Payment Obligations

It has been found that a violation was committed by your organization for not paying the staff over a period of three months. No one is there to do charity; if someone is working, it is for the bread and butter of his or her family.

If your organization is facing a monetary crunch and as a result, payments to employees have not been made, this issue should not be discussed in an open forum. It would be pertinent, as many of our friends have suggested, for you to pay the staff promptly and consider the resignation as genuine.

The reporting manager pointed fingers in the wrong direction by assigning tasks to someone who is leaving the job due to non-payment issues.

Not paying salary for 3 months is one thing, and asking her to do a proper relieving is another. In which century are you? Give her papers, wishing her the best.

@anonymous:

That's what the point is. Salary and handover are two different things. The employee should hand over and get relieved.

Dear Anonymous, you are very sensitive and surgically/clinically analytical when it comes to your own responsibility. Please understand very clearly, human needs and human emotions are more important for employees. For you, not paying salary for 3 months is one thing, and proper relieving (handover) is another thing, but for an employee who was working for livelihood, it is one thing. The employees are very clear in their minds that if you do not perform your side of the bargain, they will not do their side. Management works for profit motive, and the employee works for survival. Please put yourself in his/her shoes and then think.

In this one case, there may be more cases in the queue to follow. So please look into the essentials for corrections instead of blaming the employee.

Warm Regards,
Bharat Gera
HR Consultant