Hi All,
Due to unprofessional behavior shown by my manager, I have sent my resignation to my director and asked to be relieved immediately without serving the notice period. However, he has not replied to my email. Since he is not responding to my emails, I have stopped going to the office.
In the above circumstances, how can I obtain my relieving and experience letter from the company? Please advise on the same.
Thanks.
From India, Hyderabad
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Due to unprofessional behavior shown by my manager, I have sent my resignation to my director and asked to be relieved immediately without serving the notice period. However, he has not replied to my email. Since he is not responding to my emails, I have stopped going to the office.
In the above circumstances, how can I obtain my relieving and experience letter from the company? Please advise on the same.
Thanks.
From India, Hyderabad
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Dear Pourusham,
You have combined two different things. One is the reason for the separation from the company, and the other is the procedure for the separation. Whatever the reason may be, you need to follow the procedure as per the terms and conditions outlined in your appointment letter.
Secondly, if you had a disagreement with your manager, you could have handled it professionally. Why did you not submit an application to address your grievance? You mentioned that your manager behaved unprofessionally; however, that does not mean the company is also unprofessional. In fact, you resigned abruptly. In an average company, this could be seen as immature behavior. Furthermore, you have ceased attending the office. Unless you are officially removed from the company's roster, how can you unilaterally decide to stop going to the office? Isn't this unprofessional behavior?
I recommend going to the office in person, speaking with HR, and sorting out the matter.
Thanks,
Dinesh Divekar
From India, Bangalore
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8036You have combined two different things. One is the reason for the separation from the company, and the other is the procedure for the separation. Whatever the reason may be, you need to follow the procedure as per the terms and conditions outlined in your appointment letter.
Secondly, if you had a disagreement with your manager, you could have handled it professionally. Why did you not submit an application to address your grievance? You mentioned that your manager behaved unprofessionally; however, that does not mean the company is also unprofessional. In fact, you resigned abruptly. In an average company, this could be seen as immature behavior. Furthermore, you have ceased attending the office. Unless you are officially removed from the company's roster, how can you unilaterally decide to stop going to the office? Isn't this unprofessional behavior?
I recommend going to the office in person, speaking with HR, and sorting out the matter.
Thanks,
Dinesh Divekar
From India, Bangalore
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You have not given any details of the company, industry or the structure of the organisation. Further, you have not stated what is the professional behaviour. Is it a disagreement about the way to do a certain thing? Or is it abusive behaviour? Or is it amounting to sexual harassment…
The action/reaction redressal of the cases is completely different. How the company would also depends on what actual matter is. If you give us further details, perhaps someone will be able to guide you properly
From India, Mumbai
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The action/reaction redressal of the cases is completely different. How the company would also depends on what actual matter is. If you give us further details, perhaps someone will be able to guide you properly
From India, Mumbai
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Hi Dinesh Divekar,
Thanks for your advice. The Manager was speaking loudly in the lobby and did not bother to talk to me in the conference room. He was adamant at showing me down in a bad light in front of the whole office by explicitly pointing at me in a very authoritative way. He told me not to touch anything. Hence, I have left the company-provided laptop at my desktop. It looks like he is hell-bent on sending me away from the office premises by commanding me not to touch office-related resources. As I cannot sit idle, I did not have any other option but to leave the office premises. Due to this, I am not able to go to the office.
Still, management is not acknowledging my resignation letter and not demanding a notice period. This is a small software company, and there is no HR department in this organization. Please advise on how to proceed further.
Thanks,
From India, Hyderabad
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Thanks for your advice. The Manager was speaking loudly in the lobby and did not bother to talk to me in the conference room. He was adamant at showing me down in a bad light in front of the whole office by explicitly pointing at me in a very authoritative way. He told me not to touch anything. Hence, I have left the company-provided laptop at my desktop. It looks like he is hell-bent on sending me away from the office premises by commanding me not to touch office-related resources. As I cannot sit idle, I did not have any other option but to leave the office premises. Due to this, I am not able to go to the office.
Still, management is not acknowledging my resignation letter and not demanding a notice period. This is a small software company, and there is no HR department in this organization. Please advise on how to proceed further.
Thanks,
From India, Hyderabad
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Dear Pourusham,
You have described the behavior of the manager. However, the question that comes to one's mind is why did he do that? Does he behave the same way with everybody? To whom does your manager report? Have you informed him/her about your manager's behavior? Did you commit some grave mistake that compelled the manager to behave that way? Was there customer satisfaction of the highest kind? Was the tension between both of you brewing anyway, and on one fine day, the lid was off?
What is your designation? In what department do you work? Do you report to the manager who misbehaved with you? What about HR? Do you have the means to escalate (in other words, the grievance redressal mechanism)?
As written in the earlier reply, you may go and discuss your resignation with HR. It was HR who issued the appointment letter to you. Therefore, does the process of separation also go through that department?
Thanks,
Dinesh Divekar
From India, Bangalore
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You have described the behavior of the manager. However, the question that comes to one's mind is why did he do that? Does he behave the same way with everybody? To whom does your manager report? Have you informed him/her about your manager's behavior? Did you commit some grave mistake that compelled the manager to behave that way? Was there customer satisfaction of the highest kind? Was the tension between both of you brewing anyway, and on one fine day, the lid was off?
What is your designation? In what department do you work? Do you report to the manager who misbehaved with you? What about HR? Do you have the means to escalate (in other words, the grievance redressal mechanism)?
As written in the earlier reply, you may go and discuss your resignation with HR. It was HR who issued the appointment letter to you. Therefore, does the process of separation also go through that department?
Thanks,
Dinesh Divekar
From India, Bangalore
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Hi Dinesh Divekar,
Thanks for your reply, finally director replied to email stating that "Your employment with Company has been terminated as of July 11th 2016. We will process your paperwork and send your final paycheck to your home address (below) by end of July’ 2016".
My concern that, how employer will terminate after my resignation? if employer issue termination letter instead of reliving letter, what is the impact on my career? please advice how to over come this problem.
Thanks.
From India, Hyderabad
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Thanks for your reply, finally director replied to email stating that "Your employment with Company has been terminated as of July 11th 2016. We will process your paperwork and send your final paycheck to your home address (below) by end of July’ 2016".
My concern that, how employer will terminate after my resignation? if employer issue termination letter instead of reliving letter, what is the impact on my career? please advice how to over come this problem.
Thanks.
From India, Hyderabad
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Hi Dinesh Divekar,
Thank you for your reply, finally my director replied to my resignation email, stating that, "Your employment with company has been terminated as of July 11th 2016. We will process your paperwork and send your final paycheck to your home address (below) by end of July’ 2016.
My concern is, how employer will terminate after I resigned to my job? if employer issue's a termination letter instead of relieving letter, what will be the impact on my career, how to overcome this problem. Please advice the same.
Thanks,
From India, Hyderabad
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Thank you for your reply, finally my director replied to my resignation email, stating that, "Your employment with company has been terminated as of July 11th 2016. We will process your paperwork and send your final paycheck to your home address (below) by end of July’ 2016.
My concern is, how employer will terminate after I resigned to my job? if employer issue's a termination letter instead of relieving letter, what will be the impact on my career, how to overcome this problem. Please advice the same.
Thanks,
From India, Hyderabad
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Dear Pourusham,
At this stage, you can only wait and watch. What to do if your company issues a termination letter? This is a hypothetical question as of now. Take a printout of the mail and keep it with you.
Nevertheless, for any termination, there has to be a domestic inquiry, and in the inquiry, misconduct of the employee has to be proved. This is the basic requirement. This is a weakness from their side.
From your side, when you stopped reporting for your duties, it is called abandonment of employment. You have weakened your case because of abandonment.
Have you handed over all the material that the company had issued to you? Have you deposited the identity card? If not, keep a scanned copy and photocopy with you and deposit it.
Thanks,
Dinesh Divekar
From India, Bangalore
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At this stage, you can only wait and watch. What to do if your company issues a termination letter? This is a hypothetical question as of now. Take a printout of the mail and keep it with you.
Nevertheless, for any termination, there has to be a domestic inquiry, and in the inquiry, misconduct of the employee has to be proved. This is the basic requirement. This is a weakness from their side.
From your side, when you stopped reporting for your duties, it is called abandonment of employment. You have weakened your case because of abandonment.
Have you handed over all the material that the company had issued to you? Have you deposited the identity card? If not, keep a scanned copy and photocopy with you and deposit it.
Thanks,
Dinesh Divekar
From India, Bangalore
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Hi Dinesh Divekar,
Thank you for your support. I have not abandoned my employment; my manager told me not to touch anything. Hence, I have left the company-provided laptop at my desktop. It seems like he is hell-bent on sending me away from the office premises by commanding me not to touch office-related resources. Since I cannot sit idle, I did not have any other option but to leave the office premises. Due to this, I am unable to go to the office, but no one from the management side has called me to inquire why I am not attending my duties. This morning at 10:30 A.M., they simply replied to my resignation email. I have not yet returned the identity card; I will deposit it soon.
Thanks,
From India, Hyderabad
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Thank you for your support. I have not abandoned my employment; my manager told me not to touch anything. Hence, I have left the company-provided laptop at my desktop. It seems like he is hell-bent on sending me away from the office premises by commanding me not to touch office-related resources. Since I cannot sit idle, I did not have any other option but to leave the office premises. Due to this, I am unable to go to the office, but no one from the management side has called me to inquire why I am not attending my duties. This morning at 10:30 A.M., they simply replied to my resignation email. I have not yet returned the identity card; I will deposit it soon.
Thanks,
From India, Hyderabad
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Dear Pourusham,
If your manager told you not to touch anything and your entry to the office was blocked, then you should have immediately addressed a letter to the MD of the company. Your company is not the personal property of the manager.
In case you did not receive support from the MD, you should have made a formal complaint to the Labour Office in your area. A single call from the Labour Officer could have rectified the situation. Even well-established companies do not want to go against Labour Offices. You missed this golden opportunity. I have provided this suggestion several times on this forum, and it has proven to be effective.
When employees face unfair practices, they can utilize the redressal mechanisms that the government has created. Instead of utilizing these services, you sent a resignation email and stopped going to the office. There is nothing wrong with parting ways with the company; however, your approach was incorrect.
On-the-spot dismissals occur due to a lack of knowledge of labor laws. It is the management's responsibility to educate all managers on the provisions of labor laws. Unfortunately, this is a far cry in India.
Thanks,
Dinesh Divekar
From India, Bangalore
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If your manager told you not to touch anything and your entry to the office was blocked, then you should have immediately addressed a letter to the MD of the company. Your company is not the personal property of the manager.
In case you did not receive support from the MD, you should have made a formal complaint to the Labour Office in your area. A single call from the Labour Officer could have rectified the situation. Even well-established companies do not want to go against Labour Offices. You missed this golden opportunity. I have provided this suggestion several times on this forum, and it has proven to be effective.
When employees face unfair practices, they can utilize the redressal mechanisms that the government has created. Instead of utilizing these services, you sent a resignation email and stopped going to the office. There is nothing wrong with parting ways with the company; however, your approach was incorrect.
On-the-spot dismissals occur due to a lack of knowledge of labor laws. It is the management's responsibility to educate all managers on the provisions of labor laws. Unfortunately, this is a far cry in India.
Thanks,
Dinesh Divekar
From India, Bangalore
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Hi Dinesh Divekar,
I have informed my director about my manager's behavior. Please go through the below email, which I have sent to my director.
"This is regarding work ticket. I was assigned this ticket today and told by XXXXX (My manager) to work on this. When I commented on this ticket regarding my work, he objected to the comment that was posted on the ticket. He told me not to update the ticket as the management team would look at it. I request you to go through the ticket.
He was speaking loudly in the lobby and did not bother to talk to me in the conference room. He was adamant at showing me down in bad light in front of the whole office by explicitly pointing me in a very authoritative way.
He told me not to touch anything. Hence, I have left the XXXXX (My Company) provided laptop at my desktop. Please ask the admin team to take it over from my place and revoke all my access to the servers. Looks like he is hell-bent on sending me away from the office premises by commanding me not to touch XXXXX (My Company) related resources. As I cannot sit idle, I did not have any other option but to leave the office premises. Due to this, I am sending this email from my home.
I did not expect this sort of treatment after working at XXXX (My Company) for 2 years and 3 months. I cannot take this any longer as it has hurt me where it matters the most. Given the state of affairs, I cannot continue to work any longer with XXXX (Company).
Please consider this as my resignation and relieve me as of today, as I cannot work in this mode any longer. Please send all the Full & Final settlement and the respective relieving letter to my below-mentioned address in the stipulated time frame."
What comes under gross misconduct? Does not serving notice period come under gross misconduct? In this case, management did not discuss my notice period. I am ready to serve my notice period.
Please let me know, in this situation, what are the chances to fight against the company about the termination.
Thanks,
From India, Hyderabad
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I have informed my director about my manager's behavior. Please go through the below email, which I have sent to my director.
"This is regarding work ticket. I was assigned this ticket today and told by XXXXX (My manager) to work on this. When I commented on this ticket regarding my work, he objected to the comment that was posted on the ticket. He told me not to update the ticket as the management team would look at it. I request you to go through the ticket.
He was speaking loudly in the lobby and did not bother to talk to me in the conference room. He was adamant at showing me down in bad light in front of the whole office by explicitly pointing me in a very authoritative way.
He told me not to touch anything. Hence, I have left the XXXXX (My Company) provided laptop at my desktop. Please ask the admin team to take it over from my place and revoke all my access to the servers. Looks like he is hell-bent on sending me away from the office premises by commanding me not to touch XXXXX (My Company) related resources. As I cannot sit idle, I did not have any other option but to leave the office premises. Due to this, I am sending this email from my home.
I did not expect this sort of treatment after working at XXXX (My Company) for 2 years and 3 months. I cannot take this any longer as it has hurt me where it matters the most. Given the state of affairs, I cannot continue to work any longer with XXXX (Company).
Please consider this as my resignation and relieve me as of today, as I cannot work in this mode any longer. Please send all the Full & Final settlement and the respective relieving letter to my below-mentioned address in the stipulated time frame."
What comes under gross misconduct? Does not serving notice period come under gross misconduct? In this case, management did not discuss my notice period. I am ready to serve my notice period.
Please let me know, in this situation, what are the chances to fight against the company about the termination.
Thanks,
From India, Hyderabad
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Hi Dinesh Divekar,
I did not mention the notice period in my resignation letter, as stated in the offer letter. I have requested to be relieved on the same day, but based on this, the employer can terminate me. Please advise on the same.
Thanks,
From India, Hyderabad
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I did not mention the notice period in my resignation letter, as stated in the offer letter. I have requested to be relieved on the same day, but based on this, the employer can terminate me. Please advise on the same.
Thanks,
From India, Hyderabad
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This is interesting.
You were given a certain work. A CRM ticket or a bug report ticket was given to you (we still have no idea of what you do or what your position is in the organization). You posted a status comment, probably blaming the manager for something or put something that is incorrect (Both are my guesses only as you have chosen not to reveal any information while asking people to make guesses and give you answers matching your expectation).
Just because you got a dressing down from the manager, does not make it unprofessional. Nor is it a requirement that it has to be in a conference room. Whether you worked for 2 months or 2 years again is not the deciding factor, it's what you did and how it affects the working of the company. The mistake you committed must be serious enough for the manager to ask you not to touch company resources, so I doubt it was a personal ego. A normal reaction is to go to his boss and report the matter and ask to be assigned to someone else or offer to resign, serve notice and leave. Your actions seem to an outsider as unprofessional and egoistic. Whether your ego is justified is another story, that we can't comment on.
So the company is very much justified in terminating you. And the termination letter will hurt your future prospects. It's better for you to talk to the owner/CEO and see if you can get a smooth exit.
A natural
From India, Mumbai
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You were given a certain work. A CRM ticket or a bug report ticket was given to you (we still have no idea of what you do or what your position is in the organization). You posted a status comment, probably blaming the manager for something or put something that is incorrect (Both are my guesses only as you have chosen not to reveal any information while asking people to make guesses and give you answers matching your expectation).
Just because you got a dressing down from the manager, does not make it unprofessional. Nor is it a requirement that it has to be in a conference room. Whether you worked for 2 months or 2 years again is not the deciding factor, it's what you did and how it affects the working of the company. The mistake you committed must be serious enough for the manager to ask you not to touch company resources, so I doubt it was a personal ego. A normal reaction is to go to his boss and report the matter and ask to be assigned to someone else or offer to resign, serve notice and leave. Your actions seem to an outsider as unprofessional and egoistic. Whether your ego is justified is another story, that we can't comment on.
So the company is very much justified in terminating you. And the termination letter will hurt your future prospects. It's better for you to talk to the owner/CEO and see if you can get a smooth exit.
A natural
From India, Mumbai
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Dear SASWATABANERJEE, Thanks for your advice. I appreciate your quick response. If you give provide your contact number or email id, I will explain in detail the situation. Thanks,
From India, Hyderabad
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From India, Hyderabad
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Hi Pourusham,
Please send me a private message on the forum for the details. If there are details you have not shared on the forum, the possibility of a correct answer becomes lower.
But that apart, what exactly do you wish to know from us? I mean, what is the solution/advice you want? You left without notice and resigned. That is given and can't change.
They decided to terminate you. We don't know whether they completed a domestic inquiry. They may have records that they asked you to attend. What can you do? Forcing someone to give a relieving letter instead of termination is difficult to say the best. Even if you take the help of a labor officer (Again, I don't know how effective), in any background check by a future employer, they will definitely give a negative.
Meeting the owner/director and getting it settled amicably is the best option for you.
From India, Mumbai
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Please send me a private message on the forum for the details. If there are details you have not shared on the forum, the possibility of a correct answer becomes lower.
But that apart, what exactly do you wish to know from us? I mean, what is the solution/advice you want? You left without notice and resigned. That is given and can't change.
They decided to terminate you. We don't know whether they completed a domestic inquiry. They may have records that they asked you to attend. What can you do? Forcing someone to give a relieving letter instead of termination is difficult to say the best. Even if you take the help of a labor officer (Again, I don't know how effective), in any background check by a future employer, they will definitely give a negative.
Meeting the owner/director and getting it settled amicably is the best option for you.
From India, Mumbai
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