Hi, I had an issue with my designation while joining a company which I had highlighted to HR via mail even before joining. I was promised to get that changed when I join (via call), but my joining date was the last date of the HR who recruited me, which I came to know the next day. Even before signing the appointment letter, I raised it, but HR convinced me to get that done and change it when the next set of people join.
I have been consistently following up with HR, which bore no results other than some empathetic dialogue. Finally, I approached my center manager, and he had a discussion with the HR manager and the local HR who justified my role change based on my experience. A few of my colleagues who joined with me have less experience but got higher designations. I was demoted from the previous organization's designation.
I have all the email communications as proof with the center manager and HRs. Even the local HR and center manager have recommended my designation change. Just to cover up the issue, the higher management HR VP has not responded to my request and their emails.
This process took more than 2.5 months, and still, there has been no response. I finally called off and resigned from my company, sent an email to all middle and higher management, and stopped reporting to work. After 6 months, they sent a letter to settle the dues and get the relieving letter, which I was not ready for. Now they have sent me a recovery notice from a lawyer. Kindly advise if I can approach the court to sue the employer.
From India, Chennai
Acknowledge(0)
Amend(0)
I have been consistently following up with HR, which bore no results other than some empathetic dialogue. Finally, I approached my center manager, and he had a discussion with the HR manager and the local HR who justified my role change based on my experience. A few of my colleagues who joined with me have less experience but got higher designations. I was demoted from the previous organization's designation.
I have all the email communications as proof with the center manager and HRs. Even the local HR and center manager have recommended my designation change. Just to cover up the issue, the higher management HR VP has not responded to my request and their emails.
This process took more than 2.5 months, and still, there has been no response. I finally called off and resigned from my company, sent an email to all middle and higher management, and stopped reporting to work. After 6 months, they sent a letter to settle the dues and get the relieving letter, which I was not ready for. Now they have sent me a recovery notice from a lawyer. Kindly advise if I can approach the court to sue the employer.
From India, Chennai
Acknowledge(0)Amend(0)
Dear Gokul,
The reason for your resignation may be justifiable. However, what is important is that you should have fulfilled the conditions of exit upon resignation stipulated in your contract of employment. Resignation becomes effective only when it is accepted by the employer. To accept the resignation, the employer will assess whether the employee is prepared to complete their notice period obligations, repay the cost of training if any incurred by the employer as agreed, etc.
If you resign under protest and cease reporting without waiting for the acceptance of your resignation and formal relief, the employer has two options. One is to treat your absence as abandonment of service, initiate disciplinary action, and ultimately dismiss you from service. The other option is to formally relieve you by accepting your resignation after collecting the dues as per the contract of employment. Therefore, bear in mind that you are only at the receiving end due to your hasty resignation without its acceptance.
Thank you.
From India, Salem
Acknowledge(0)Amend(0)
6108The reason for your resignation may be justifiable. However, what is important is that you should have fulfilled the conditions of exit upon resignation stipulated in your contract of employment. Resignation becomes effective only when it is accepted by the employer. To accept the resignation, the employer will assess whether the employee is prepared to complete their notice period obligations, repay the cost of training if any incurred by the employer as agreed, etc.
If you resign under protest and cease reporting without waiting for the acceptance of your resignation and formal relief, the employer has two options. One is to treat your absence as abandonment of service, initiate disciplinary action, and ultimately dismiss you from service. The other option is to formally relieve you by accepting your resignation after collecting the dues as per the contract of employment. Therefore, bear in mind that you are only at the receiving end due to your hasty resignation without its acceptance.
Thank you.
From India, Salem
Acknowledge(0)Amend(0)Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
EMPLOYMENT PROCESS.ppt
Legal Clarification on Negative Covenants in Employment Agreements.pdf