I have been working with a US based Indian IT MNC in Hyderabad for last 3.5 years. During the joining, I signed the appointment letter which says: "The written notice required for termination of employment will be 2 months notice by either party, you would be required to serve the stipulated notice period and early release would be at the sole discretion of the management. In case you leave your employment without giving requisite notice, no relieving letter will be issued and settlement of dues will be at the sole discretion of the Management. However, under disciplinary procedure, your services can be terminated at any time."
I have recently resigned and having bad experience since the day I have resigned as I am asking to be released early. My new employer is expecting a new type of work from their client and is in urgent need for which my skill set completely matches. They are saying if I don't join them early, they will revoke the offer as there business will be lost and there will be no point in onboarding me. they don't have any other projects where they can fit me in. The manager in my current organization has taken it on personal ego and he is not ready to release me early stating the appointment letter terms and conditions. Though I am not doing any work and there is no dependency, he can release me but just to satisfy his personal ego he is not doing so.
I have already reported to HR department regarding my issue. Please advise if I have any legal options if HR doesn't help me either. Here is my email to them(I am sorry it is long one but it will give you better insight what is happening with me):
"
Hello,
I am XYZ <my name> a <technical skillset> resource from BD&A Team working in <**** company name removed> since April,2011. Initially, I was aligned with <client_name removed> account but later got involved into BD&A team due to restructure. Without talking much of about my history, I'll come straight to the point.
With all due respect, I'll like to bring your attention the rude and incompetent behavior of Mr. ABC<person name removed> since the day I have resigned. His attitude towards his junior (me) is totally non-professional and the way he has been treating me is totally unacceptable. Hence, reporting the incident. Below is the timeline to summarize my case:
1. I was on Bench for a long time (since March,2014), tried various options but nothing materialized.
2. 15th July, 2014: with the billing pressure mounting up, I was deployed on a non-billable internal position (Technical co-ordinator:Environments) of BD&A Offerings group to backfill another resource who resigned from there. It was agreed that it will be a temporary position for me since it doesn't match my skill set and management will keep looking for the replacement so that the resource can be put on place on this position and I'll keep exploring other opportunities which matches my skill set. In the meantime, I'll get the charge code which doesn't depict that I am on bench.
3. The position didn't have any substantial work, and keeping in mind I can be on bench again, unfortunately, I started searching for job outside <my current org>(For last one year I couldn't find the job in <my current org> matching my skill set and have been working on shorter assignments on another technologies)
4. 14th August,2014: I resigned after long hours of contemplation.From here things got changed. Since there was no work, I accepted a prospective employer's offer but they were in urgent need. Though I explained that my notice period is 2 months but I'll try.
5. 18th August: Kicked-off the discussions with my immediate manager <immediate name removed> and requested the release within 7-10 days which doesn't seem to look possible from his side. So I approached MR. ABC <Manager name removed>.
6. 19th Aug.2014: I walked into Mr. ABC's cabin and explained my problem. Without testing much water, he rudely denied my request. He also made a statement which I wish to quote: " If there was any other ' deserving' resource, I would have helped him, but I won't do it for you." keeping me in a bad light. I explained that I have been trying hard to stay in <my current org> and find opportunity but we failed to find any. Also, I explained that my new offer will be revoked if I don't join them with their given timelines, The response I got was: " Why should I care for you, I am the country manager and I will decide when you are going to be released, You'll be released only when your replacement is done" Though the first statement was hurting but the later one I accepted gracefully and walked back thanking him.
7. 20th Aug - 28th Aug, 2014: Almost everyday, I kept going to his B-7 office (sometimes, twice a day), but I used to get response that I'll not get released. Though I tried several times to explain that the situation is totally manageable as it is an internal position. After few days, he started sending me off from the door itself. He wasn't even allowing me to enter his cabin by giving the reason that he is busy. When asked : "Sir, when I shall come to meet you?" I used to get response: "I don't have time, you don't need to come here". OR " I won't listen to you"
During all this time, I had been in the "Request" mode didn't indulge into any heated conversation where as any other resource can loose his calm.
8. Since the joining date with my new employer was close, on 1st September, I requested them to extend the offer to the best possible date. Understanding my concern, the offer was extended to another 3 weeks. But this was the final extension.
9. 1st Sep, - 8th Sep, 2014: I didn't bother anybody, hoping things will change and stayed positive. During this time some activities came up which I did diligently. Rest of the time, I didn't have any clue what I have to do since there is no responsibility.
10. 9th Sep,2014: Since I didn't receive any update, I took email channel route, and asked about the status. Since then I have been receiving no response even with the reminders. (see the email thread attached). The week is now ending without any successful communication.
Now I totally understand that I have an obligation to serve my 2 months notice period, but I could have been helped. The manager could have been courteous to help me as he knew that in <***company name removed>my position is temporary and there are no other opportunities for me as there weren't in the past. At the same time I also felt that the position I am in, can be easily fulfilled and the manager didn't even take a single step. Here are the doubts in my mind which I am trying to clear now:
A) When I resigned, what steps did the manager take?
B) Is the reason of the bad behavior is just because I have resigned?
C) The statement mentioned in point 6 above : " If there was any other ' deserving' resource, I would have helped him, but I won't do it for you" How shall I interpret this? All of sudden, I have become a non-deserving candidate.
D) When I said that I am getting a good opportunity outside <company name removed> and my offer will be revoked, didn't the manager think that he'll try to help me. Instead I got a response "Why should I care about you"
E) Since I have waited for two weeks now and there is around a month I have resigned and this internal position is "critical" (as he mentioned), did he release any Hot Job Alert? scheduled any interview with any prospective candidate. 30 days are enough to fix the issue.
F) Why the manager is waiting for me to complete 2 months and not acting as he is supposed to? Just to satisfy his personal ego, who is making loss here : The upcoming candidate , me and the company too. How he will immediately fill the position when I am gone?
G) If he was thinking in company's interest, he would have picked up the candidates who applied last time when this internal opening was rolled out.
H) How he would have managed when I have got any urgent project within my current organization ?
I) Is the manager making sure that I loose the opportunity outside and doors of my current org. are also closed?
J) What if I take my resignation back or go absconding (worst case scenario, as my career is at stake): How will he react to that?
All in all, I feel that I have been tormented, bullied, kept away from being engaged to make sure that my employment opportunity is gone to impact my career prospect. With the early release issue is still alive, I am also raising the issues with conduct of Mr. ABC.
I keep to hear that <*** company name removed> has an open door policy and I have always spoken high of it as an employer. I hope my faith will be restored by clearing doubts which I listed above supported by the artefacts. I have ample evidences to support my case.
Thank you for your time reading this long email (but it was equally painful for me). I'll anticipate your response by Monday EOD as I have very less time left.
