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UI need legal/employment advice regarding an unresolved employment situation with my previous company in India because I genuinely do not understand if what happened with me is normal or even fair.
Earlier this year, I went through serious mental health struggles along with a death in my family. Because of this, I stopped reporting to work temporarily and approximately two weeks later I formally resigned through email. I clearly communicated that I wanted to leave the organization.
Instead of acknowledging or processing my resignation, the company informed me that they would keep my employment active under their AOD (abandonment of duty) policy for around 48–60 days. This confused me because I was actively communicating with them and had already resigned formally. During induction, employees were told that AOD applies when someone disappears without communication for 3 days, which was not my situation at all.
Even after the timeline they themselves mentioned ended, they still did not properly release me, terminate me, or provide closure/documents. Since I was facing financial difficulties and needed income, I later contacted them again and stated that if they were not willing to release me, then at least allow me to resume work so I could continue earning.
At that point, HR asked for medical documents, which I submitted. They then demanded a “fitness certificate” from my therapist, which was not possible because therapists are not legally authorized to issue such certificates. In the same communication, HR also mentioned that they urgently needed someone for an opening and immediate joining would be required from my side.
After that, communication again became extremely inconsistent. They repeatedly delayed updates, promised callbacks and meetings that never happened, stopped responding properly, and kept me stuck in employment limbo for months.
As of today:
– my resignation was never properly processed,
– I still do not have proper relieving/separation documents,
– my employment situation remains unclear,
– and this entire issue has affected me financially and professionally in a very serious way.I have now involved a lawyer and a formal legal notice has already been sent to the company. The notice clearly states that if they fail to respond within the stipulated timeline, it will be treated as acceptance of my resignation and further legal remedies will be pursued. We gave them a deadline of 7 days, out of which 5 days have passed and they still haven’t responded.
My questions are mainly:
Is it normal/legal for a company to keep an employee’s status active under AOD for 48–60 days even after a formal resignation and active communication from the employee?
Can companies indefinitely delay closure like this?
How do employment disputes like this usually end in India?
And realistically, how badly can this affect future employment/background verification?I have documentation/emails/screenshots for most of the timeline and communication.
Would really appreciate advice from people familiar with Indian labor law, HR processes, employment disputes, or similar situations.
(Used AI to refine the post)
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LYour situation does not appear normal. Since you formally resigned and stayed in communication, applying an AOD policy for months is questionable. Companies generally cannot keep an employee in indefinite limbo without processing resignation, termination, or formal closure.
You have already taken the right step by sending a legal notice and preserving emails/screenshots. Most such disputes in India end through settlement, formal separation, or legal pressure. For future jobs, keep your resignation email, salary slips, and legal notice records — these usually help during background verification. Continue handling everything through written communication and your lawyer.
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DLawyer here. If you had already submitted a formal resignation and continued communicating with the company, treating the matter as abandonment of duty for such an extended period may not be justified. AOD policies are generally invoked where an employee stops reporting without any communication. The employer is also expected to take a clear decision regarding resignation, termination, or continuation of employment within a reasonable time, and cannot indefinitely keep the employee in an uncertain status.
Since a legal notice has already been sent, the next course of action will depend on their response or continued non-response. If necessary, appropriate remedies may be pursued for issuance of relieving documents, settlement of dues, and formal closure of employment records. From a practical perspective, such disputes do not usually damage future employment prospects where the employee can clearly explain the circumstances and provide supporting documentation.
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