Anonymous
Hi All,

I received an offer from a new company to join them. However, after resigning from my previous company (via email and accepted), I was terminated via email after serving the notice period with no meetings or discussions, and they are not providing me with any information regarding my relieving/experience letter. There has been no response to my calls or emails. I want to know if my new company will accept any other documents besides the relieving/experience letter. What should I do?

From India, Pune
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Dear Mr. Anamika,

The moment your services were "Terminated," you should have objected to the action of management in writing, citing the submission of your resignation, acceptance by management, etc. Why was your service terminated? Consequent to termination, the question of issuing a relieving letter does not arise. Please note that if you remain silent, it amounts to acceptance of the termination order. This will have a negative impact on your career.

From India, New Delhi
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Hi Sainath,

I had replied to the email challenging my termination; however, to date, there has been no response to my calls/emails. I personally went to talk, but I was kept waiting for more than 7 hours. There has been no response from anyone regarding this matter yet.

From India, Pune
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1. Contact any good advocate who deals in service matters, send them a legal notice through the advocate.
From India, Thane
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Dear Friend,

Once your resignation has been accepted, even by email, otherwise the decision of termination is illegal and not in accordance with the law. Your previous employment has ceased, and a new employer may not be willing to allow you to join. Please explore the possibility of raising an issue before the ALC for resolving the matter and providing necessary direction or compensation to you. This process does not require any fee or engagement of an advocate. Otherwise, you should consider moving to court for relief.

G. Pagarwal
Lucknow
8009458901

From India, undefined
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Hi Poorvasingh,

From these brief facts narrated by you, I cannot understand your relationship with your employer. I still feel that despite consulting your employer a week before resigning, the employer is terminating you. What does this mean? Have you met with the employer in person? If not, do so, and then things will be clear.

Vibhakar

From India, Pune
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Hi Vibhakar, that's what I fail to understand as everything was fine and nice until I didn't accept the counteroffer given to me. Initially, after resigning, I was asked to be released in a week over email and then was asked to pay for the notice. Still, I haven't received the salary for the period I worked for and the bonus which was supposed to be paid in April and was delayed.

I did try to talk to him and meet him; however, neither does he pick up my calls nor did he meet me when I went to meet him. My relations were always nice with the employer, and I was promoted twice in two years of my tenure. When asked for the reason for termination, the owner never specifies anything.

From India, Pune
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Hello Poorva,

Your employer seems to be hurt by you, which he does not want to disclose. He promoted you twice, but later something must have happened that is why he is treating you in this way. One more thing: you should not have taken shortcuts. What I mean is, what are the rules for separation? Why should you follow his goodwill that you can resign by email? You should follow the laid procedure. Now that you are on a weaker side, only requesting the employer will help. No use of legal fights.

Vibhakar.

From India, Pune
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Dear Anonymous, since your resignation was accepted and until your last day, no communication or termination has occurred; therefore, your resignation is valid both legally and factually. The termination is deemed ineffective. Were you terminated following the terms and conditions of your appointment order? Was the order accompanied by a payment cheque/DD? If not, then the termination is legally invalid.

The question of your relationship with your employer is irrelevant if the facts as narrated by you are accurate. I have previously advised you to seek legal counsel, as your former employer seems to have intentions of harassing you. This situation could also negatively impact you if there is background verification with that employer. Please consider this rationally and make your decision accordingly.

From India, Thane
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