Stuck Without a Relieving Letter: Can I Take Legal Action Against My Former Employer?

Hi,

I am facing a problem getting my relieving letter from my previous employer. I have served that company for a very long period, so I don't want to lose the experience I gained there. Initially, I resigned from the company, giving a clear two-month notice period. After serving about 1-1/2 months of the notice period, I withdrew my resignation based on a discussion with my employer. When withdrawing the resignation, I made it conditional and collected a written document from the employer.

The document states that I would be sent on an onsite trip within 4 months after withdrawing my resignation. However, it has been over 4 months, and nothing has happened.

I got a new job in the USA and had to leave immediately. I gave my company a week's notice and reminded them that I had already served the required notice period, after which I left for the USA. Now, my previous employer is saying I have to serve another two months' notice. I have all the proofs that he promised me something that was not fulfilled, and my withdrawal of resignation was conditional (all emails exchanged and the written document). I am even willing to pay the notice period amount as clearly stated in my appointment letter. However, they are completely reluctant.

Can I pursue this case legally? What are the chances of winning this case, and what kind of compensation should I ask for if I win?

Regards,

Anand

Dear Anand,

I have gone through your problem, and I don't think it's as big a matter as you think. Since you have already fulfilled all the necessary procedures, you should have the right to leave the job without giving any further instructions to your employer. Regarding the lawsuit you want to file against your employer, I would like to inform you that you can proceed and also ask for compensation. However, please remember that it will likely take a long time, possibly 5-6 years.

To file a case, you will need to appoint a lawyer who will not charge less than 15,000/-. Furthermore, if you win the case, your employer may appeal to a higher court, which could take another 3-4 years to reach a judgment, potentially continuing up to the Supreme Court. Therefore, you should consider the time, money, and most importantly, the toll it may take on your mind. Additionally, there is a possibility that the case may settle outside the court after investing such a significant amount of your time, ability, and money. Hence, I would suggest thinking twice before taking any legal actions.

Thank you,

Viral Shah

Hi Anand,

Legally, your employer is right as you had withdrawn the resignation letter and thereby came under 'active' status of employment. You need to give him the required notice period before moving out. Now, you can talk to your employer and find out if the notice period could be bought out. That way, you are moving out on better terms and with respect. Since you have worked for a long time, it's better not to burn bridges during separation.

Kindly note that today, most organizations are opting for background verification checks, and in case you happen to be on the wrong side, your appointment itself is null and void. You can't even conceal this particular employment as you have served there for long.

Thanks, and I think any conflict can be better resolved at the table rather than in courts.

Giridhar

Kindly advise, I got an offer from a reputed organization, and I want to leave my current organization, but I'm facing a problem that the new organization's HR is asking for experience certificates: relieving letter, work experience certificate from all previous organizations. However, I don't have these documents as I have not taken them from my previous organizations. What should I do? I still have not resigned from my current organization.

It is always better to maintain a good relationship with your employer when separating from any organization. Try to sit across the table and resolve your problems amicably rather than going to court. If you genuinely feel unable to settle disputes at the table, only then consider legal action. However, be prepared to invest both money and time as you will be fighting a formidable opponent - the employer.