Hello Team, good morning! I was working with an organization from 6th April '11 to 30th Dec '11. I had sent a formal resignation email from my personal email account to the Sr. Manager and informed them that I would not be able to serve the notice period and needed to leave the organization on an immediate basis.

I received an email within 20 minutes from that manager stating, "CAN YOU CALL ME?" and then we had a talk over the call regarding my resignation. I tried to make him understand that I am leaving the organization because of my family issues and not just because of joining another organization. He didn't try to understand my problems and was not ready to accept my resignation as well.

After our telephonic conversation, he sent an email stating that they are not accepting my resignation and if I do not pursue my duties as per the schedule, they will take legal action against me. I did not reply to that email and went back to my hometown to be with my family.

Fortunately, I was able to resolve all my family problems, started searching for a new job, and found one within a month! The new organization did not ask for my relieving letter but only for the resignation email, and I got the job with a good package and position.

Now, I have an opportunity to work with another organization, which is an MNC, offering almost double the package and a higher position. They have asked for my relieving letter from the previous organization and did not accept the resignation email sent to them. I am quite surprised that the same email was accepted by my current organization!

I have tried my best to convince the Senior Manager of my previous organization, with whom I spoke earlier, about my situation. However, he did not listen properly and disconnected my call.

Furthermore, I sent an email to him after our conversation, but as expected, he did not reply. After 3-4 days, I sent another email to the CEO of the company requesting the relieving letter. The CEO replied, stating that according to HR records, I was considered absconded and was working with two different companies simultaneously, which was deemed as a fault. However, no action was taken against me.

Points to Consider

1) This company does not have a specific HR department or person.
2) They did not send any warning or absconded letter to my address.
3) As far as I know, they do not have the right to prevent an employee from leaving the organization. Also, I was leaving due to personal issues.
4) They did not contact me on the next day when I did not show up for work.
5) They did not send any further emails stating that they considered me absconded.

Team, I am genuinely stressed and do not want to lose the opportunity to work with the MNC. It is a once-in-a-lifetime opportunity for me. I humbly request you to please respond to this at the earliest.

Regards,

From India, Ahmedabad
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Understanding the Faults in Resignation Process

From my view, the faults are as elaborated.

On your end, though you sent an email of resignation, you thereafter talked to your senior over the phone explaining the reason for your resignation. Your senior rejected your resignation via email and asked you to resume immediately. What you did was ignore it and never replied back. This was a fault on your end as you could have very well replied to your employer about the decision you were taking. You might have registered AD the resignation, requesting acceptance and a relieving letter, and things would not have been this way.

On the company's end, they should have done their part before marking you as absconding. They should have enough evidence to prove they contacted you and mailed you a warning letter stating if you did not join by a certain date, you would be marked as absconded.

Now, no matter who is more at fault, understand that the one who is going to be affected is you and your career.

Addressing the New MNC's Request

Regarding the new MNC who is asking you for a relieving letter, they are not at fault as they are following their company's policy. Instead of putting allegations on the ex-company, why not think and act? Put an email to the concerned person, telling them that there were no warning letters issued to you, stating that you are being marked as absconded, and hence marking you as absconding is not right.

Planning Further Actions

Another thing, what reason had you mentioned in the resignation letter? Knowing that you too are at fault, they can very well try to put the blame back on you. The reason I mentioned the faults of both you and your company is so you can plan your further action accordingly.

Usually, a company seeks a relieving letter from your current employer and not the previous employers. You can try and get your MNC convinced that you would get a relieving letter from your current employer. About the past, getting a relieving letter is a little difficult because of the so-and-so scenario.

Regards.

From India, Mumbai
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