Employee should never act in haste, and should always consult elders in the family, competent and experienced well wishers, lawyer/law firm before acting on his own.
It is better to consult in advance than to repent later.
Kindly imagine for some time that you are an employer and your employee has committed some thing like you have posted.
From the employer’s point of view what you have committed is unthinkable, unbecoming of a good officer and unpardonable.
You may hold on to your temptation for writing to your employer for the time being, and meet a competent and experienced labor consultant/service lawyer, before you meet Directors/Promoters/Line Managers or HR of the company.
Probably you would have an idea what are the performance parameters/ KRA’s of line managers and HR……………to successfully handle cases like yours. You might provide them a case for performance to be counted in their appraisal.
There seems to remote chance that company can tolerate and exonerate you.
Kindly go thru the details once again and draw your strategy in consultation with your lawyer and proceed under expert advice of your lawyer.
You have posted that:
----“Today it has been more than 2.5 months that I’m on leave.
“I explained my situation to my new employer and he has agreed to let me go back to India next month to complete my formalities with the previous company. “
You have joined another company while you are still employed with one company……..your employer can charge you of dual employment.
“I emailed my previous manager that I will get discharge next month then will meet him but did not get any reply from him.”
Who advised you to write it???????
“Today HR emailed me asking for medical certificates and threatened me that I will be marked absconding.”
You have feigned sickness. You have reported sickness too.
During reported sickness while you were confined to bed you have traveled abroad……….
If you submit a medical certificate it would be ‘fake/fabricated’ and doctor furnishing such certificate can be behind……….B*rs, and loose his………..L*cence…..
You can also be prosecuted………..
----“ I know what I have done is not completely ethical but if my project was shut down company would not hesitate to lay me off either.”
In such eventuality you would have had lawful recourse available to you.
----“ I was always a top performer and worked with full dedication (maybe that’s the reason they won’t let me go).’
First of all pls erase the performance thing from mind and understand the gravity of the situation. Until or unless your employer pardons you and relieve you without creating noise you are trapped.
----The employers who run companies are not naïve.
Hence the demand for Medical certificates…..
Submit sick leave for the period you were in India and try to think about some other compulsion due to which you had to be on leave. Try to get it approved/regularized till a day before you joined the3 new company and send copy of resignation submitted by post.
If your company is organized it might have obtained legal opinion by now or might seek legal opinion and in such a case termination is imminent.
Hope you can read between lines.
Let your lawyer’s opinion be final on the points raised and discussed in this thread.
If at all you want to submit any document in writing let it be structured and drafted by your lawyer.
Valuable advice of learned experts/members is sought.
