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Raymond (Project Manager)     21 June 2012

Need help getting a relieving letter

Dear Sir/ Madam,
       I had joined this company in May 2011 and they made me sign a Service Agreement (Bond) for two years. In Jan 2012 they provided me with a promotion which was a change in my career path and told me that I should take the promotion or resign (On Email). I decided to resign on an emailed resignation letter informing they I would have to leave due to the change in position and i would stay if my last position was reinstated. They informed me verbally that they would provide me with the relieving letter in 45 days. It is six months that i have been chasing this letter with them where they have constantly pushed it out for days and weeks and now they tell me that they cannot give me the letter without me paying the bond. Can they do this. Can they promote me and expect me to pay the bond if i dont like the promotion. I have documentation of the promotion letter sent to me, my email resignation to them and follow up emails of most of our call conversation. I also have a few call recordings.
    I have chased this for months now and also lost a few good opportunities due to the lack of the relieving letter. How can I take this forward. I understand that taking legal action is not the most advised but i am pushed between a rock and a hard place and need to get the relieving letter. Firstly, can I sue them with a chance to win? and also can I also sue them for the opportunities that I have missed?



Learning

 5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     21 June 2012

Dear Raymond,

How did you accept verbal assurance regarding the relieving letter?

Can you please mention the contents of the agreement and Email?

You have done a grave mistake of resigning on the basis of Email.

Legally not much of relief except filing a civil suit.

Raymond (Project Manager)     21 June 2012

I did not have much option the conversation was a 45 minute one where they spoke over the table and asked me to check my email. The email mentions that i have been promoted with the salary details and position. However my email in response has been that I would not accept the position and I would like to resign as it is a change in career for me. They have not sent me a response or any notices post that. Like i mentioned i have emails for mostly all of our conversations along with audio clippings where this whole situation is summarised and they have agreed,

       That regardless, I just want to know if they can force me to work in a position if I am on a bond. Also, if I am on a bond can they say we'll give you the letter for 6 months and then one day say "no". And can you please tell me the legalities of going Civil with this, how does it change anything.

Kumar Doab (FIN)     21 June 2012

Mr. Devalla is right. You could have avoided instant resignation.

Employee should consult elders in the family, competent and experienced well wishers, lawyer/law firm before acting in haste. Employees who have signed bond/non compete clause, non solicitation clause, service agreements should be all the more careful and should proceed under expert advice only.

You have posted that:

1."In Jan 2012 they provided me with a promotion which was a change in my career path and told me that I should take the promotion or resign (On Email)."

Can you produce the copy of this email? If yes you may have a relief.

2."The email mentions that i have been promoted with the salary details and position. However my email in response has been that I would not accept the position and I would like to resign as it is a change in career for me."

Your statement at 1 and 2 are contradictory. You may clarify. You may show all documents including appointment letter, service agreement, emails, promotion letter, email as cited at 1, typescriptt of all calls, all emails to a competent and experienced service lawyer. Your lawyer shall help you to evaluate the merits and recommend appropriate forum. You can also post these in this thread. You may erase the names etc to maintain the confidentiality.

Ajit Singh Cheema (practising Advocate)     21 June 2012

You can sue but without any reasonable chance of winning.You have missed the opportunity for your own acts/ommissions/commissions.The service agreements (bonds) are contracts with some purpose. One must learn to honour the contracts (Service Agreements). Before trying for any legal remedies terms of service agreements be studied thoroughly.

chitra gupta (consultant)     21 June 2012

mr.raymond.....u have commited mistake which the (L)experts have observed and clearly stated from ur postings.....but some controversities r there in ur own statements.....however i would suggest u to consult one service matter lawyer personally with all available documents and seek his advise without killing any further time.....i hope,after going thro"the documents,there may be some way out......thanks


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