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UMy friend’s appraisal had been due for more than six months; it was supposed to happen in June 2024. The organization had promised to provide the appraisal by mid-January. A week before January 15, they even insisted that she fill out a self-assessment form for her appraisal, making her believe she would receive it. However, instead of granting the appraisal, they laid her off on January 15 due to cost-cutting reasons, promising to pay her an additional month’s salary.
Ten minutes later, she received an email regarding the layoff, but nowhere did they mention that it was a layoff. Instead of stating that she would receive an additional month’s pay, they mentioned only that she would receive her salary for January. This was the first instance where they deviated from their promise. She replied to the email and got the correction made.
There were no performance-related concerns throughout her tenure at the organization. She had no objections to the company’s decision and tried to cooperate. She requested that they allow her to resign voluntarily instead of marking it as a layoff, with a relieving date of February 15, so it would be beneficial for her when transitioning to another job. They agreed.
One of her colleagues did the same, but the organization played its cards and relieved him immediately without paying him any extra amount. Despite this, she decided to submit her resignation, as she had an email from them mentioning, “Pay cycle ends on February 15.” However, before she could send her resignation email, they revoked her access, preventing her from doing so.
Later, they sent her a “No Dues” form with her resignation date as January 15 and her relieving date as February 14. She signed it. Fast forward to last week—HR informed her that they wouldn’t be able to mention February 14 as her relieving date on her experience letter. My friend was frustrated and asked for the reason, but the company refused to provide one. She pointed out that if they had an issue with the relieving date, they should have raised it earlier instead of mentioning February 14 on the No Dues form. In response, they issued a new No Dues letter with January 15 as both her resignation and relieving date, still not acknowledging that it was a layoff. They framed it as if she had resigned voluntarily and they had waived her notice period. They claimed that the previous document was a mistake on their part.
Today, they sent her another email, giving her until March 13 to sign the revised document. The email stated that failure to do so would render the document null and void, and the company would have no legal or financial obligation to proceed with any payments or transactions.
The company is forcing her to agree to their terms rather than honoring their prior agreement. They are taking these actions to protect themselves from any legal consequences.
My friend wants her resignation date to remain January 15 and her relieving date to remain February 14 on her experience letter, as this would help her secure another job without a significant employment gap. The layoff was abrupt, leaving her unprepared for interviews. She is currently unemployed and still preparing for new opportunities.
What can she do? Can she take any action against the organization without putting herself at risk? Please advise.
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