Facing an Internal Inquiry After Resignation: When Does It Legally Start?

Dear sir, I have submitted my resignation with immediate effect due to personal and health issues. I requested the relieving process, but after 10 days, my boss called me into the office, and my employer handed me a letter acknowledging the receipt of my resignation. They mentioned they have some information about me and would like to conduct an internal inquiry.

I kept inquiring about my pending dues and the relieving process but received no response. Furthermore, I have not received any report regarding the internal inquiry.

Now, HR is claiming that my resignation was influenced by my knowledge of the internal inquiry, which is untrue. They seem to suspect that I am heading to a competitor, which is not the case.

Could you please clarify from a legal standpoint when the internal inquiry is considered to have commenced? Is it from the date I received the letter/notice from the company after my immediate resignation, or can HR claim it began before my resignation date?

If the company takes a false stance on the "inquiry began" date, will it be legally binding? Is the inquiry start date determined by the notice serving date or any date the employer can retroactively assign based on their internal documents?

Regards, Sannie

An employee will know of an inquiry being conducted when he is officially informed of the same. The employee's side of the story/event is mandatory to be taken into account for any decision as part of natural justice.

Did the employer accept your resignation?

What were the documentary evidence placed in support of your medical problem? Put together a representation documenting the sequence of events—illness, problems, and about the inquiry announced after the resignation was given to the company under written acknowledgment.

What is the official notice period?

Collate all your points and politely take them up with the company and with the higher officials concerned.

Dear Colleague,

Your resignation, as you know, is governed by the notice period, if any, contained in the appointment letter. Since you resigned with immediate effect, it is not clear what the correct position is regarding this aspect.

Pending further communication from the company regarding acceptance or otherwise of your resignation, after ten days you were informed about some internal inquiry being conducted.

It is not clear whether this inquiry is part of disciplinary action and for which any chargesheet was given to you.

If no chargesheet is given, then write to the management inquiring about acceptance of your resignation and settlement of your dues, ignoring the so-called internal inquiry.

But remember that until your resignation is accepted, the employer-employee relationship continues, and it is within the company's right to proceed with you for any misconduct.

Regards,

Vinayak Nagarkar
HR and Employee Relations Consultant

Thank you very much, Mr. Nathrao and Mr. Vinayak Ji,

In response to your questions, I am detailing the sequence of events:

1. I was unwell due to a prolonged back pain issue and had sent the doctor's advice and prescription prior to my resignation date.

2. Feeling frustrated, I resigned via email with immediate effect the next day, stating my inability to continue my service and treating my resignation as effective on the same day. I requested a swift relieving process and offered to assist with the transition and handover.

3. The company did not respond for the next 3-4 days. They eventually called me and informed me that they would relieve me but asked me to come to the office after 10 days.

4. Following their instructions, I went to the office after 10 days and returned all company items, including the laptop, as part of the handover process.

5. After the handover, they surprised me by issuing a suspension letter, alleging a breach of terms and conditions on my part. They stated that they would investigate the matter further. I inquired about the source of this information but received no response. No formal chargesheet outlining the allegations against me was provided. Although they acknowledged my resignation in writing, they mentioned that it was on hold and not accepted, placing me on leave. I found this process perplexing.

6. Despite my repeated requests for relieving, they did not comply. I did not accept or sign their letter but took a photo for documentation purposes. As I had resigned with immediate effect, the subsequent suspension seemed unnecessary. We parted ways with no resolution.

7. The company requires a 60-day notice period, which I did not serve due to my immediate resignation. After a week had passed, I responded to HR via email, denying all accusations and requesting my relieving and settlement of post-resignation dues. However, I received no response. In my email, I explicitly mentioned that they could deduct any amount in lieu of the notice period from my pending dues. The lack of communication persisted for almost a month.

8. Despite waiting for an additional seven days, there was no response or update on the inquiry status. Their silence led me to believe they suspected I might join a competitor, which was untrue as I intended to enter a new industry segment.

9. Subsequently, I issued a legal notice regarding the non-acceptance of my resignation, allowing them to deduct any applicable amount from my pending dues. I emphasized that if there was no response within seven days, I would consider my resignation accepted, enabling me to seek employment elsewhere. This notice was intended to clarify my final date of employment.

10. After 12 days of sending the legal notice, they finally responded via email, rejecting my resignation, dismissing me with immediate effect. I am bewildered by this sudden turn of events and the lack of clarity in their actions.

I seek your advice on the next steps to take in this situation. Kindly provide me with your email address for further communication as a corporate HR professional. My significant dues are pending with the company, and they have not issued a relieving letter. How can I proceed to secure future employment?

Regards,

Sam

Your dismissal without giving you any opportunity is unilateral and patently illegal. It is difficult to advise without perusing documents from here. Immediately approach a competent local labor lawyer and file a case against the company for illegal and unjustified dismissal.

Regarding joining a new company, keep them informed of the developments and request them to allow you to join. Regardless of this, keep fighting your legal battle as the law apparently is on your side.

Regards, Vinayak Nagarkar HR and Employee Relations Consultant

Hi Vinayak Ji, regarding joining a new company, I need more guidance from you. I have submitted my resignation letter and a legal notice to my current company. How should I manage this situation? The new company is a multinational corporation and will likely request a relieving letter and may conduct a background verification as well.

Navigating the Transition to a New Company

Could you please advise if there is any way for me to navigate this issue in the corporate world, particularly from an HR perspective? Is it possible for them to onboard me without a relieving letter? In cases where individuals A and B have strained relations, if a third party seeks a background check on B from A, B may not receive a positive review.

I am seeking your insights on the best way to overcome this challenge and successfully transition to the new company. Your expertise and experience in handling such situations would be greatly appreciated.

Thank you for your support.

Regards, Sam

Dear Sam, there is no cut-and-dried answer, nor is there a foolproof solution. Tell your new employer the true facts. Don't hide anything. It's better to do this than for them to find out from a background check.

Positives in Your Favor

Following are the positives in your favor:

1. You resigned first on health grounds without giving due notice but offered to deduct the notice salary from your dues.

2. The company acknowledged its acceptance, but due to a fake inquiry, the release was withheld. This is not your fault; the company failed to proceed under the guise of an inquiry.

3. The so-called internal inquiry took place long after your resignation and appears to be an afterthought. It is illegal, unjustified, and did not provide you with any opportunity to understand the allegations against you and defend yourself.

4. Appeal to them to allow you to join without a release letter, considering you are not at fault.

Do your best, and regardless of the new company's decision, continue your legal battle simultaneously.

Regards,

Vinayak Nagarkar
HR and Employee Relations Consultant