Termination after resignation has been accepted

You have posted that:

1.  “On March 21st i resigned from the company and it was accepted by the company on the same date.“

{You had tendered notice of resignation or resignation with immediate effect. The company issued just an acknowledgment of notice of resignation or acceptance of resignation after expiry of notice period or acceptance of resignation with immediate effect i.e. from the close of office hours on March 21^st. If your resignation was accepted w.e.f. March 21^st then you were discharged from office and duty. }

2.  By remaining absent from duty during the notice period you are in direct violation of the Company’s Leave Policy.”

{ If your resignation was accepted w.e.f. March 21^st then you were discharged from office and duty. Did you apply for any leave during notice period starting from March 21^{st and was it approved and do you have the copy?}}

Both the statements posted by you as at 1 and 2 are conflicting.

Before the resignation is accepted company can terminate.

Company has declared the grounds of termination in order of termination issued by it.

Company has also stated:

“Company calls upon you to forthwith cease and desist from any usage of Confidential Information belonging to the company. You are also called upon to forthwith return all information/documents available with you or within your control immediately to the company.”

Which you should do.

“You are further called upon to confirm in writing and in person to your reporting  manager;

“(1) Admission to your breach of Employment Agreement with the company”

“Company also reserve the rights to claim rendition of accounts and damages from you.’’. How damaging is the information sent from your email id to third party?

The touch screen smart phones are very sensitive. There are chances of inadvertent error happening which might not be intentional.

Now before your lawyer has examined all documents including the one which has been sent by you by email to third party, appointment letter issued to you, standing orders of the company, conduct rules, leave policy, misconduct, appeal rules, etc…notice of resignation/resignation submitted by you, acceptance issued by company, your inputs in person, you may refrain from submitting a statement in writing.

Approach a competent and expedrienced service lawyer as ap.

Valuable advice of learned experts/members is sought.

hi Kumar,

i am grateful for your reply, i have answered your question pointwise below :-

1.  “On March 21st i resigned from the company and it was accepted by the company on the same date.“

{You had tendered notice of resignation or resignation with immediate effect. The company issued just an acknowledgment of notice of resignation or acceptance of resignation after expiry of notice period or acceptance of resignation with immediate effect i.e. from the close of office hours on March 21^st. If your resignation was accepted w.e.f. March 21^st then you were discharged from office and duty. }

My resgination : The contract requires either party to give a notice of 45 days, however I
would be obliged if I could cease work immediately. I quite liked your idea
of immediate settlement that you discussed in our conversation yesterday in
which the notice period is waived off by the employer and dues settled
immediately. I will assume this is satisfactory unless otherwise noted.

The employer replied :-

We have accepted your resignation with immediate effect. In order to achieve
a smooth handover and exit formalities you are required to report to office
on 26th and 27th of March 2013.

2. By remaining absent from duty during the notice period you are in direct violation of the Company’s Leave Policy.”

{ If your resignation was accepted w.e.f. March 21^st then you were discharged from office and duty. Did you apply for any leave during notice period starting from March 21^{st and was it approved and do you have the copy?}

i had applied for leave on 20th March to which my superior replied : -

Dear Gulshan,

Can't approve this leave as it is a quarter end. And we are waiting for
your revert on the discussion we had last evening.

Also the smart phone that i use is not a touch screen and i still do not have a signed copy of the appoointment letter from the company after a year though i had signed it.

Let me know if you require any more information kumar

You have posted that:

----“The employer replied :-

“We have accepted your resignation with immediate effect.”

If this statement of competent personnel of the company is dated March 21^st, then your resignation has been accepted w.e.f. March 21^st.

---“ In order to achieve
a smooth handover and exit formalities you are required to report to office on 26th and 27th of March 2013.”

There seems to be no ambiguity in date of acceptance of resignation and confirmation of acceptance of resignation as dates completion of exit formalities has also been issued to you.

Did you appear on these dates for handover/exit formalities and do you have the acknowledgment/evidence of your attendance?

If yes it is in your favor.

---“ And we are waiting for
your revert on the discussion we had last evening.”

{ Apparently separation has been discussed.}

“I quite liked your idea
of immediate settlement that you discussed in our conversation yesterday in
which the notice period is waived off by the employer and dues settled
immediately.”

{ Apparently separation has been discussed and finalized.}

The leave application was dated 20^th March, and leave has not been approved. The resignation is dated March 21^st and has been accepted w.e.f. March 21^st.

The access to emails etc should have been blocked on March 21^st, Blackberry should have been collected on March 21^st,  or 26^th ………..

Do you have the copy of HR process mentioning step by step well laid process depicting how, on which date, and by whom access to emails, file etc has to be blocked in case of resignation/termination?

Apparently the resignation has been accepted.

Now the company should file a suite/case than issuing termination.

Refrain from submitting a statement in writing.

Approach a competent and experienced service lawyer as ap.

Let your reply be structured, drafted by a lawyer. Let your lawyer’s opinion be final on all points discussed in this thread.

In the meantime apply your rapport, goodwill, persuasion, persistence, reasoning, negotiation skills, keep the channels of communication open and remain amiable.

Valuable advice of learned experts/members is sought.

1) Did you appear on these dates for handover/exit formalities and do you have the acknowledgment/evidence of your attendance?

No i did not appear on these dates. And i own the blackberry device it is not company owned.

2) Do you have the copy of HR process mentioning step by step well laid process depicting how, on which date, and by whom access to emails, file etc has to be blocked in case of resignation/termination?

No

They did not block my emails after my resignation.

You have posted that:

---“i own the blackberry device it is not company owned.”

‘They did not block my emails after my resignation.”----They should have.

---“ No i did not appear on these dates.”

Company has probably not issued any reminder on it to you.

You may affirm to handover the charge on any other date which is mutually convenient/as issued by company.

Aparently your resignation has been accepted.

Let your lawyer’s opinion be final on all points discussed in this thread.

Approach a competent and experienced service lawyer as ap, with copies of all docs and records and give inputs in persona and proceed under expert advice of your lawyer.

Valuable advice of learned experts/members is sought.

kumar, i have a query, in response to their mail can i ask for my copy of the appoinment letter? also how strong is my case?

thanks

You have posted that:

---“can i ask for my copy of the appoinment letter?”

“i still do not have a signed copy of the appoointment letter from the company after a year though i had signed it.”

You can certainly ask. You can narrate the number of times you had asked for it in office but it was not supplied to you.

However consult your lawyer and let him structure it for you.

---‘However, by mistake i had sent a mail from my official ID to a third party that had company information.”

What is the content of the information in this email?

What is so damaging for the company?

If company is so much concerned it should have blocked the access, after acceptance of the resignation.

On line discussions have its own limitations.

It is felt that although you are perturbed, you are hesitant to approach your lawyer.

Finally: it is reiterated that by now you should have approached a competent and experienced service lawyer as ap, with copies of all docs and records and given inputs in persona to proceed under expert advice of your lawyer. Let your lawyer structure all of your replies, communications, and representations.

Your lawyer would know how to handle the matter and defend you.

You may avoid proceeding on your own.

You had resigned and your resignation was accepted.

Let your lawyer’s opinion be final on all points discussed in this thread.

Valuable advice of learned experts/members is sought.

Hi Kumar,

The email that i had sent contanined information on the business done by the company month wise to the person who was the sales head of the company till february 2013. So the only information that he has is the march information nothing else.

And yes you are right i am hesistant to approach my lawyer. but after your mail i think i should.

Thanks

The sales data of every company is available in market e.g. ORG. C-Mark etc….Every company buys competitor’s data.

Your resignation was accepted; hence company should remove the order of termination from your personnel file.

Since appointment letter copy was never supplied to you, you may request the company to allow you to examine your personnel file and grant you an appointment.

You may have the temptation of writing too much and everything.

You must not accept in writing that you had forwarded the email.

{If the official email is password protected then in addition to employee usually the administrator in the company and sometimes HR/Line manager/IT manager also has the access to password the password. However in your case the email was sent from Blackberry owned by you. Ayer may be in a position to tell you how to counter it.}

You could have avoided sending email.

The best place to fight a corporate is in market place.

Firm up your next venture preferably with an employer who would stand by you.

Your lawyer may not like to reveal everything and may like to keep the cards close to chest.

Dealing with employer has become a game of chess. Your lawyer would know the moves.

Labor/service law is altogether different field. In each city there are few advocates who specialize and practice only in labor/service law. They are well known.

While you approach your lawyer, appraise on everything including separation was discussed and finalized. Do not conceal anything.

Understand the merits and strategy from your lawyer, and proceed under expert advice of your lawyer.

Many good service lawyers and your lawyer too, may prefer to draft every communication you need to submit and provide you the printouts of structured replies/representations which you may submit by redg. post only.

Let your lawyer’s opinion be final on all points discussed in this thread.

Valuable advice of learned experts/members is sought.