Stuck in a Notice Period Dilemma: Can My Company Legally Stop Me from Leaving?

Hi,

I am working with a US-based, owner-driven company. I have a good reputation in the company. My appointment letter states that I have to serve a 30-day notice period. However, during a salary raise, they compulsorily had everyone sign, agreeing to a 90-day notice period.

Now, when I have submitted my resignation, they are refusing to accept it. I am willing to work for the initial 30 days without pay, and I have a balance of 29 days of paid leave.

Another factor to consider is that I signed a bond with the company when they sent me abroad. This bond is set to expire in the next three months. I planned my resignation for three months before the completion of my bond period so that both the bond period and notice period conclude simultaneously.

Given this situation, can they legally prevent me from leaving? They claim they will not provide me with a relieving letter, which I need to join a new company.

Please advise on what steps to take.

Regards,
SJ

Dear SJ,

Please view this from the angle of management. They have sent you abroad, and your company must have spent a certain amount on this account. Naturally, they may expect you to be with them for a certain period and contribute your acquired knowledge for which you have been deputed abroad. If you resign before the period, then it is quite natural that they may not accept your resignation and may not issue your relieving order too.

If you have a good reputation in your company and are ready to work for 30 days without pay, and also have a leave balance of 29 days, you can easily discuss with your superior. Convince them of the situation and circumstances forcing you to be relieved before the notice period.

With regards,
L. Kumar

Hi Joshi, I too suggest and endorse Mr. L Kumar's views. You have not mentioned about your new employer... Are they based in the US or in India? You can adopt a different approach if your new employer is based out of India.

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Shirish, what Kumar said is the other part of the coin; no doubt he is absolutely right from management's angle. In this situation, you can do one thing: just meet with the HR head and explain to him/her the causes that are forcing you to take this decision. If the problems are personal and genuine, no one will, can, or should stop you.

If it doesn't work, tell this critical situation to the management of your new venture and let them make the decision.

Best of luck!