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RMy friend resigned earlier this week, with the intention of saving notice period of 1.5 out of her 3. And remaining she was planning to buyout the remaining.
But they said she can leave on 11th itself, and no need to buyout. Her mail acknowledges it also. No mention of buyout.
Now today she got a mail to either pay 3 months or to serve all 3 months notice.
Her new company already thinks she will be able to join next week.
What to do? Please help.
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PIf the earlier proposal was accepted by your friend and acknowledged by the company in writing then no need to do anything. Simply tell the company that the previous offer was accepted and cant be revoked anymore. Tell them straight based on this they have made their future commitments and their last working day is Friday as agreed earlier formally and legally and there is no change/modification to it.
Have all this in writing and if its over email it should be either to or cc’d their personal email so that they can prove this to new company in case the current company doesn’t provide relieving letter.
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PIf documented escalate and convey tht they released early and now she asked new company to do arrangements.
Stop replying thm-
RThe thing is they are saying its a miscommunication. Its a startup, one of the founding members and her current lead decided the dates and everyone else were cc’d. So they must all be aware, but today they are pulling this on her.
Do you see anyway that she will get affected?
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ITell her to forward all that email communication to her personal mail. Or maybe print it out even. If it was a company mail, she’ll lose access to her proof (the email) when they close her email id.
Go ahead and join the new company, and if they bother you even once, tell them directly that you’d file a case against them.
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RShe has everything in her personal id, she returned the laptop as well.
She got a mail saying they will fail her background verification in the future because of this. Will that be a problem?-
II mean, it is a threat yes, and gives you the grounds for filing a case against them. I suggest you do that.
And I am not an hr to know how that stuff works, maybe ask in r/developersIndia or similar sub, but in a nutshell it can be a problem.
I mean, they can’t just backtrack on something just by saying it was a miscommunication. But miscommunications do occur. Either they have a sure idea of being legally right, or messing with you.
Try reading up on some similar cases, and what the courts decided on it. For instance, just recently the courts decided that if an employer sends extra money to an employee by mistake, the employee is not liable to give it back.
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