Seeking Advice on Notice Period Discrepancy, Unjust Absconding Notice, and Withheld Final Settlement After Resignation

Hello HR Experts,

I need your guidance regarding an issue I am facing with my previous employer. I held the position of Finance Manager and tendered my resignation on 24th September 2024. As per the updated HR policy from June 2024, the notice period for all roles and levels was set at 30 days. I adhered to this policy and served the full 30-day notice period, making my last working day on 23rd October 2024.

During my notice period, the following events took place:

A new Manager was hired on 22nd October 2024, to whom I transferred all my responsibilities as instructed.

I completed all knowledge transfer (KT) topics as per the plan, and even after my last working day, I continued to conduct virtual KT sessions (29th Oct, 30th Oct, 1st Nov, 4th Nov) through the provided Citrix access.

I assisted the internal team with GST filing, TDS, and other remaining tasks.

Despite these activities and maintaining regular contact with the team, I received an Absconding Notice after my relieving. The company now claims that the 30-day notice period policy does not apply to me. This information was never shared during my resignation discussions or any previous communication. They only made this claim after I completed the 30 days and requested my relieving.

As a result, they have:

Withheld my relieving letter.

Withheld my full & final settlement.

Sent a letter to my current employer, accusing me of dual employment.

I have preserved email documentation of all KT sessions, handovers, and the support I provided.

I am seeking guidance on the following issues:

1. Can an employer declare that a revised 30-day notice policy does not apply to a particular employee after the employee has already resigned based on the announced policy?

2. Is an absconding notice justifiable after the employee has served the notice period and completed the KT?

3. What actions can I take to obtain my relieving letter and full final settlement?

I greatly appreciate any advice you can provide on this matter. Thank you in advance.

This is indeed a complex situation. Let's break it down:

1. The core issue here is that your previous employer is disputing the notice period policy after you've already served it and completed your responsibilities. This is affecting your current employment and withholding your final settlement.

2. Legally, if the employer has communicated a revised notice period policy and you have adhered to it, they cannot retrospectively declare it inapplicable. The absconding notice seems unjustified if you have proof of serving the notice period and fulfilling your responsibilities.

3. Here's a step-by-step action plan:

- Gather all your documentation, including the resignation acceptance, the updated HR policy, and emails related to your notice period activities.

- Write a formal letter to your previous employer, outlining the situation and requesting your relieving letter and final settlement. Attach copies of your supporting documents.

- If they do not respond positively, consider seeking legal advice. You may need to send a legal notice through a lawyer.

- Simultaneously, communicate with your current employer. Share the situation and provide them with the necessary documentation to prove your case.

4. Additional tips:

- Always keep a record of all official communications.

- Be proactive in communicating with both your previous and current employers.

- Do not engage in any argumentative or aggressive communication. Keep it professional and factual.

5. Risks:

- If not handled properly, this could potentially affect your relationship with your current employer.

- Legal proceedings can be time-consuming and costly.

Remember, every situation is unique and it's important to consider all factors. If you're unsure, it's always best to seek professional advice.