Relieving letter - manager is trying to retain me by threatening to mark me as absconded

I resigned from my previous company 3 months ago. The actual notice period for the company is 1 month, but my manager insisted on a 2-month notice period, which I agreed to and completed. After 2 months, he requested that I work an additional month due to process requirements, and I extended my notice period. However, he later asked me to withdraw my resignation, which I declined. In the last month of my notice period, I handed over the process to the new candidate who was hired as my replacement. I provided knowledge transfer as well. During the last month, the new person handled the process.

Despite this, the manager is now attempting to blame me for any issues that arose in the final month. He is even threatening me with absconding, although there has been no official email communication regarding this matter. I would appreciate your suggestions on how to proceed.

Dear Srikanth,

Did you receive any acknowledgment when you submitted your resignation letter, and was it accepted by your office? Did you get any communication after the submission of your resignation letter? Did you receive salary for the days you worked there, fully including the over 3 months' notice period? Are you still attending to duties there, marking your attendance, or have you stopped going there? If they are holding you responsible for omissions and commissions back there, was it only oral, or was there anything in writing? What is the mode of communication with you? If it's oral, is it possible to record the conversations on your mobile handset? If you have stopped on your own, what about your final settlements there?

What is the status of that firm and of you - are you a workman or a supervisor? Tell us the nature of your duties. If your position is critical, consult an advocate well-versed in labor laws and take appropriate precautionary measures.

Dear Srikanth,

Employment is basically a contract comprising of mutual rights and obligations thrust upon the parties to the contract, namely the employer and the employee. As such, the employer is not vested with any overriding right to reject the employee's right to terminate the contract of employment by resignation, subject to the conditions stipulated therein. When the resignation submitted by the employee fulfills all the conditions for unilateral termination, the non-communication of the acceptance or rejection of the formal resignation on the part of the employer is certainly a bad HR practice. Furthermore, the threat of the manager to declare the employee as an absconder if the employee walks off the job on his own after the expiry of the notice period would be an unfair labor practice.

It would be better to politely bring this legal position to the CEO of the organization and make your exit smooth. If it proves futile, simply walk out.

Dear Colleague,

An employment contract can be terminated by either party by giving stipulated notice to the other, which in your case was one month, and you have duly complied. Normally, your service came to an end after the expiry of the one month's notice period. However, at the request of your Manager, you obliged them by overstaying for two more months. At the end of this extended period of your service, you have duly handed over the charge to your replacement.

When you acted in good faith and showed sensitivity to understand their need, to say that you will be declared an absconder is not only patently illegal but also the height of stupidity. I agree with the suggestion that you should write to the CEO, presenting all the above facts and highlighting the vindictive stand taken by your Manager in a bid to hold you back. Request to settle your dues, provide a relieving letter, and issue a service certificate.

Also, give a mild threat that despite the goodwill shown by you, if the Manager persists with his dubious actions, you will be constrained to proceed legally.

Regards,
Vinayak Nagarkar
HR Consultant

Hello,

First of all, you have already done what a loyal and dedicated employee can do for an organization, but what about you? What about that job offer for which you would like to switch from the current organization (other issues may also be present)? Three months is a long notice period. In my opinion, you should play smart here. Secure a job offer (it's good if you already have one), try to obtain something in writing from your manager, and use this as confirmation. If no one is helping you, raise a complaint to a higher authority or HR head, and then consider taking legal action against all involved. This may create obstacles in your smooth transition, but they will learn a lesson from it. For future reference, always ensure everything is in writing or official. Seniors can provide better suggestions to assist you more effectively.

Remember to always have everything in writing or official for future reference. Seniors can offer better suggestions to assist you more effectively.

I hope this helps you. Let me know if you have any questions.