How Can I Resolve a Dispute Over My Last Working Day After a Buyout Mix-Up?

Hi, my name is Anupam, an ex-employee of Cognizant. I had a discussion with the management on the 25th of May, stating that I could no longer proceed with my duties for Cognizant after the 30th as I would be joining another organization on the 31st of May. On the 30th, I submitted my resignation with the same information. I received an instant reply from HR stating that the BU is not considering the buyout.

Suddenly, on the 1st, they were ready to consider the buyout and gave me the last working day on the 3rd of June. Even though I was not working for them at that time, they still considered it my last working day. According to HR, the last working day cannot be changed as I never had the discussion with management. However, in the emails and discussions I had with the management, I specifically mentioned that I would no longer work post the 30th.

What should I do in order to seek help?

Instant Resignation and Notice Period Buyout

I gave an instant resignation to buy out the notice period, stating that I would not be able to work past May 30th, and requested that my last working day be considered as May 28th in the resignation.

On the 25th, I had a discussion with management regarding my inability to work beyond the 30th.

The organization approved the notice buyout; however, they designated my last working day as June 3rd.

I have already started working at another organization on May 31st, which may lead to dual employment concerns.

Challenges and Next Steps

I am facing challenges as my previous organization is not responding to my emails, and my current employer is not willing to alter my joining date.

What steps can I take in this situation?

Changing the Last Working Day

I want my last working day to be changed to a previous date; this is the issue. I left without notice, though they agreed with me and offered me to buy out that notice. I am ready to pay them on behalf of the notice. Now I want to know whether they will change the last working day or should I proceed legally.

Let me correct myself: I didn't leave without notice. I asked them to allow me to buy out the notice period, but I stopped working for them after the 28th. I sent a resignation email on the 30th to consider the 28th as my last working day, and they approved all of this, which took 3 days. They considered the 3rd as my last working day, but I want it to be the 28th, as that was the last day I worked there.

I joined my new organization on the 31st. Now I want them to issue me a release letter for the 28th, not the 3rd.

"Discussion with the management on the 25th of May that I can no longer proceed with my duties for Cognizant after the 30th as I will be joining another organization on the 31st of May. On the 30th, I rolled out the resignation with the same information.

Leaving Without Notice

The above makes it very clear that you left without notice. You told them 5 days before you left that you will not work anymore. Your resignation was on your last working day. So, irrespective of what you pretend, you left without notice.

Buyout Agreement

They agreed later to consider a buyout? Probably someone thought that they may as well get some of their cost back since giving a legal notice is ineffective. Why will they help you? I definitely wouldn't.

Resolving the Situation

Anyway, you have no option but to try and sort it out. Probably a personal visit to the previous office may help. Since we don't know the people concerned, I can't comment on its effectiveness. If they are not replying to your email (and you have not paid the buyout), probably they are not concerned or want to punish you for your behavior.

Dual Employment Concern

Incidentally, if your current employer has no problem with your 'Dual Employment', why are you worried about it? But in any case, you have no recourse as such. Going the 'legal way' is completely ineffective."

Solution for EPFO Joint Declaration

The solution is a joint declaration letter (Form) available from the EPFO office/site, signed by you and Cognizant, and deposited to EPFO. If your present organization has not deposited your PF, the alternate method may be to set your date of joining after your release date from Cognizant. However, if it has already been done by your new organization, then only the first method is an option.

Regards, S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons] USD HR Solutions – To strive towards excellence with effort and integrity