Community › Forums › Legal Advice India › Manager said I’m absconding.
- This topic has 14 replies, 10 voices, and was last updated 1 year, 3 months ago by
Fiercesheela6871.
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UUser_ca5bc90d
PARTICIPANT
February 28, 2025 at 2:31 pmI’ve submitted my resignation a while back. Our company uses DarwinBox so there’s a separation flow which is what I used.
My manager recently accepted my resignation but has now rejected it saying I’m absconding.
I have been closing Jiras. Literally had a call with HR a day before this happened. Have been attending daily standups (he rejected it after I had attended that days standup/scrum).
I’ve also been replying him over slack, completed all KTs and documentation.
Only thing is I’ve not been going to office but working from home and missed a single call from him (this was before standup of rejected day).He has sent a mail to HR saying I’m absconding. Over phone call he mentioned that it’s actually because he’s not satisfied with my output.
Can this actually be considered as absconding? What can they do to keep me beyond my last working day (since they’ve rejected it and now a new resignation means new last date). -
SSwiftjagdish611
PARTICIPANT
February 28, 2025 at 2:52 pmLooks like the issue is your company requires wfo and you have done wfh without proper authorisation? The manager might be trying to use this against you. During your notice period I would suggest try to do everything by book. Nothing more nothing less. Otherwise they might put bad remarks on experience letter and also for future bgv. If you don’t care much about this then doesn’t matter much.-
UUser_ca5bc90d
OP
February 28, 2025 at 3:07 pmMy office has 60% wfo mandate officially. I’ve been going to office less all this time but since I’ve not been working as much on notice period I guess he has a problem now.
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SSwiftknight2044
PARTICIPANT
February 28, 2025 at 3:06 pmGet a ethical labour lawyer, and send them a notice. Your manager will also not give you any refrences. -
CCoollion8221
PARTICIPANT
February 28, 2025 at 3:11 pmGo to office and sit in front of the manager and make a scene.-
SSandhyaeagle373
PARTICIPANT
March 1, 2025 at 5:39 amNot a good advice, specially in legal forums. Nothing would come out of this except getting your reputation tainted as a scene maker. People don’t know or need to know your story. Always fight your battles legally. Don’t bring ~~knife~~ public in a ~~gun~~ legal fight.
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DDesihero8292
PARTICIPANT
February 28, 2025 at 3:11 pmTo be safe, gather evidence of working throughout the duration and also attendance management system personally.It is likely that they may disable your credentials soon.
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FFiercesheela6871
PARTICIPANT
February 28, 2025 at 6:01 pmDo u have anything in inbox from HR which says ur absconding?-
UUser_ca5bc90d
OP
February 28, 2025 at 6:37 pmHR didn’t say I’m absconding. Only my manager did.-
FFiercesheela6871
PARTICIPANT
February 28, 2025 at 8:11 pmThen chuck it,keep the daily log of your activities in the form of screenshots,work you do login ,log out
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SSwatiguy707
PARTICIPANT
February 28, 2025 at 6:24 pmPractising advcate here:Send your company a legal notice informing them of all what you’ve written here. Since you have tendered your resignation, they are bound to accept it from that very date.
The things that’ll cause you issues are whether you were doing wfo with authorisation, and whether the channel through which you submitted is an accepted channel.
From the looks of it, your manager seems to be making flimsy excuses, which in my book shouldn’t stand or be tolerated in a professional setting.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
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UUser_ca5bc90d
OP
February 28, 2025 at 6:47 pmHey thanks for replying.
So the channel I submitted my resignation through is 100% an accepted channel. In fact mails are not required as everything is handled on company portal.
As for the wfh authorisation, we are allowed 40% wfh in a pay cycle (21 to 20) so if I go to office everyday from now on I will still be following policy.-
SSwatiguy707
PARTICIPANT
February 28, 2025 at 6:54 pmI see. So, follow the policy by working from the office, and treat the notice period as from the date you sent the resignation.Don’t send them a legal notice just yet. If they give you any trouble after the notice period is over, follow what is written in the earlier comment.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
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VVandanashark196
PARTICIPANT
February 28, 2025 at 7:08 pmNo, you cant be declared absconding.Just ensure you create a paper trail.
SMS, texts, emails, etc etc.
Also, send an email to HR and narrate the incident.
Be polite while e-mailing.
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BBrightthinker9189
PARTICIPANT
March 1, 2025 at 2:31 amSend screenshot to manage, copy HR and mention that you had resigned on x date.
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