Samantha Rao (Senior Software Engineer) 21 September 2010

Current Employer Not accepting my resignation

Dear legal Expert,

I need you kind help.

My previous company is a Hyderabad, a Limited company. I have been working with them for 1.5 years.

In offer letter, It was stated that “Either or both parties with a thirty-day notice can terminate this employment arrangement at any time”

Last month (i.e. on 31 Aug 2010) I have placed my resignation. Now my current employer is

not accepting my resignation. I was contiously following up the same in all levels. Now they are asking to pay me 2,50,000. And the reason they are mentioning is that they are processing my H1 and it is in pipeline. They are saying that already they have submitted the form to US embassy on Aug 11. I dont have any written agreement with the current employer regarding this reimbrusment kind of things. Because of their delay i have lost some offers also.

I was working as a permanent employee and have maintained good professional relationship with the company and have excellent track record.

Kindly suggest me where to approach and what to do to get the reliving letter from the current employer.

I will be grateful to you for your expert advice and valuable suggestion.

Thanks

Samantha Rao

samntharao82@yahoo.com

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4 Replies

(Guest)

There's nothing that they can do about it. You have served notice. If you have company email, just send a resignation email cc'ed to your personal mail id also. They CANNOT ask for money in return for processing your H1, even if you had a written agreement with them. You are on pretty steady ground here. But tread cautiously since they may screw your reference check in the next organization that you work for. Be honest and diplomatic (its an art)...both with your next employer as well as your current employer.

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Samantha Rao (Senior Software Engineer) 21 September 2010

Thanks for your valuable suggestion sir.

I had a long discussions with my HR regarding my relieving. But they still stand on the decision saying that if you pay that mentioned amount we can relieve you. If not dont expect relieving.

So, What can be my next move. I had clearly mentioned my decision that I want relieving and I still stand on my resignation.

Thanks

Samantha Rao

adv. rajeev ( rajoo ) (practicing advocate) 21 September 2010

when there is no agreement of reimbursement with the employer you need not to worry. Send a legal notice to the employer to accept his resignation

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(Guest)

Actually, if you can convince your new employer (if any) about the situation, then, only the resignation letter can be enough. But you know the ground situation and your industry better. So act accordingly.

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