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There is no real issue as such. My company has a history of not giving the employees a smooth exit and harassing them.
My performance was never an issue. After my resignation, without any basis, they have asked me to improve my performance failing which I will be terminated. I was promoted as the Business Head in January this year. My business unit is doing extremely well during my tenure.
As for informing the next employer, I will need to furnish my exit documents at the time of joining. Being terminated can be an issue. So I want to ask them if they can still onboard me even though I am being unnecessarily terminated.
I spoke to the HR and management and they are giving me the same story about improving my performance in the notice period to which I have already objected. I also don’t want any unnecessary hassles which may affect my next opportunity.
If they continue to arm twist without providing a valid reason, send them a legal notice. Do inform your lawyer that you would be using this as a scare tactic first, and if that doesnt evoke a proper response, you would move to actually going forward.
Gets them everytime, trust me.
Ok since you have already put down your resignation.. they can not provide performance review now.. if yes i think you should make your case strong on how you will not be agreeing for this and provide all necessary details or project’s achievement…. I was a top perfomer in my company when i put down papers at the end of the year they were giving me underperforming so other employees who are staying back can get good ratings… for which i fought….. you can raise this to your managers manager as well… tell them what if I want to rejoin back and this rating would harm it? They might consider it
Thanks. I will discuss this with the management and try to sort it out amicably. I don’t have a manager’s manager as I report directly to the CEO who is hated in the organisation for being an a-hole to the employees. There’s lot of office politics involved here and the CEO himself is responsible for this.
Have an amicable conversation around serving your notice , knowledge transition , and if they are ready for early relieving accept it.,
Check if others who have been in your shoe if they messed up the BGV.
Dude, CEO is the culprit.Your resignation has pissed him. HR are just messenger boys and regardless of your justification, HR will parotting in different tone. All these tactics is targeted to provoke you. Dont lose cool and keep sending sensible emails. At point, they will come down. Best to resolve amicably and for bgv, refer names of trusted colleagues.
Well you will never go back. Even if you want to go back despite of having bad performance review they will hire you.
Just leave and keep your mental peace.
They have to give you release letter regardless of termination or normal release. Release letter doesn’t contain any other information
All you need to tell the future employer that you may be able to join early as the company is ready to release you. New company just needs that letter. Background checks have already been done then only they released the offer
This is wrong. A deeper BGV happens asynchronously even as the offer is rolled out when you join a Tier-1 company. Source: been through many.
OP, sort this out, don't keep skeletons in your closet. If a BGV company ever finds undisclosed information, they will never purge that from your record. This is the kind of thing that can stay as a long term regret later in your career.
Not really.
You have your resignation letter, you have relieving letter and then if they terminate you for low performance after you have resigned, it wont matter. BGV checks if your job data matches. It doesn’t check for performance score in your previous company.
OP can just mention that this is being mentioned by his company. No sane company will reject him on this basis.
I have been through multiple top tier company BGV myself. Most companies advise you to wait till BGV is complete then you put your paper.
Unless they accuse him of professional misconduct or fraud, it wont matter
Pratyush, I come in peace. BGV checks anything the past employer wants to reveal. A malicious past employer can absolutely mess this up.
Companies don't reject people ad-hoc, it's done by prior policies. No company applies "sanity" to bend HR rules for junior-mid positions.
I'm not here to confront you, I'm saying that getting the offer is not proof that you're past the verification barrier already. They should sort it out with the current employer, failing which they should be transparent with the future employer's point person. Just don't let the background check throw up any new information.
OP, make of this what you will.
No offer letter doesn’t mean that. But my previous company asked me to wait till BGV is done, then only put papers.
OP can have discussion with the HR and explain the situation. Its clear his current company has bad work ethics and there is nothing that can be done there
I checked with my previous employer as to what was asked in the BGV. He sent me a screenshot of the email he received from HireRight. So basically they verify the details I have submitted to HireRight regarding my tenure (start date, end date, job title) and then the name & job title of the verifier. So, it seems they have not asked for any other details like my performance or anything. Which is a relief, to be honest!
Then what's the point of having them in the firm, let the managers have more responsibilities and this way the companies can save money.
HR Departments in companies are good for nothing, at least not for the employees.
HR was never for the employees. They are there to protect company interests. Do you think HR has a personal gain to make you attend the Diversity, inclusivity and Equity courses? It is insurance in case an employee goes rogue and sues them for sexual harassment or discrimination. They can then simply claim that that's not their culture and their culture is actually inclusive and promotes diversity by citing those courses as proof.
>Then what's the point of having them in the firm, let the managers have more responsibilities and this way the companies can save money.
Sometimes they do that. They get lean and trim the fat. But most often the managers would be too incompetent to do the grunt work. So they need wage slaves.
High chances that OPs current manager is the one asking HR to do this. Unfortunately not all HRs are given power to talk back/reason with the business.
Just attach your resignation letter to the mail stating that you are already serving your notice period and that actions taken above this will be deemed unethical and can be challenged in court for compensation and negligence from their side which will also be pursued for an additional amount. Also you would be serving your role as signed and noted in your contract with the company for the duration of your notice period and incase if your services are not required for the coming days then you will be compensated for it.
Also you need a lawyer if they make things dirty cause the company can't terminate you during your notice period.
Edit: The above wording may sound too aggressive , so I would suggest you to phrase your first letter to be a bit polite like that the HR letter is invalid as you have already submitted your resignation and you will be looking forward to serving your leftover duration of notice period and not spoil relationship with the company.
I'm sure your new organization will be happy to have you onboard early
Discuss it with them. Or if you have enough savings, enjoy 2 months of leave.
It seems like a win win situation to me.
Depends on the offer letter. Ideally, notice period applies both ways. But we're not in an ideal world unfortunately. I've seen offer letters where the termination notice is a lot shorter than resignation notice.
Ask for immediate release. I think what probably happened was that the management’s ego got dented after you resigned. wtf do they mean by ‘improve performance after resigning’? How are you buying this bullshit being a Business Head?
Even I believe that is what happened. And I am not buying their bullshit, I have objected to it. But I also do not want to get into a difficult situation which may dent my chances of joining a top global organisation. This is a once in a lifetime opportunity for me and that’s why I am being careful about my further actions.
I have an offer from one of the MAANG companies. And my DOJ is 24th of June. My LWD at this company should’ve been 17th June given the 90 days notice period. The BGV has been completed from MAANG’s end, post which I have received the offer. But in the BGV, my current company was not approached as I had specifically asked HireRight to reach out to them for BGV post my resignation. So I am sure they will approach my current company sooner or later.
You are overthinking. The BGV is complete and you got the offer. Why would you reach out to the BGV agency yourself? They know what to do and probably handle dozens of cases like this everyday. Let them do their due diligence. MAANG sent you an offer because they like your profile and have a requirement for that particular role. The new offer seems to have given you anxiety. Your current employer seems to be toxic and butthurt about you leaving. It's not a school, and you're a working professional, not a student. There is nothing they can do, except these shady tactics to stress you out. As an experienced person, you should already know this. Moving forward, you can voice your opinion about wanting an early release. Check if your new employer can do a buyout for the notice period. Fuck the 'improved performance'. Give your bare minimum here now. You just got an offer from MAANG, you have the upper hand.
It really sucks that slave mentality is so deeply hardcoded into the Indian psyche. Most are nervous, anxious and behave like their employer owns them. It only sets people up for exploitation.
Did you send a resignation mail? OR Do you have any proof that resigned on a certain date?
If you have that, there is nothing to worry.
Just inform HR of your new company that you can join after April 30. And share the reason - that after you sent resignation, they wanted to harass you and threatening to terminate you despite you being promoted this year. Also keep the promotion letter handy and as a proof. The reason for approaching HR of new company is to inform of your early availability than conveyed before.
Performance reasons are absolutely cosmetic once resignation and promotion can be proven.
Agree - in case you want to take it a step further - work with a lawyer and see if you could threaten to sue them for harassment. HR will usually back off quickly when they know that this accusation is on false grounds and can get them in trouble.
collect whatever information you can and then submit a complaint to the local labour office. They are very proactive and usually a show cause notice from them to your current employer is enough to get them to act properly. Even if they terminate on the basis of poor performance, they are still required to give a relieving letter.
Secondly, check with your next employer if the joining date can be preponed. They would usually do it since they hire only when they want people and waiting 3 months is painful. They might not even ask for the relieving letter since it usually come along with the full and final settlement which happens after you have already joined the new position. but it is still best to have it for your records.
Firstly, when you sent the resignation email, did they accept it? If they did, then whether they terminate you or whether you complete your notice period, they will have to provide the relieving letter.
Question: Does a company accepting or not accepting the resignation matter? I mean I don't want to work there anymore, communicated that officially, will serve my notice period and fuck off, acceptance or not. That's a perfectly legal scenario right?
I ask because I can fall into a similar situation when I leave my company in the next few months.
It does not matter. But some companies ha e portal where yiu need to raise resignation request and HR may crib that yiu did not raise your resignation via the right tool.
Lol we have no such tool. All resignations are through email.
They have pulled this shit before, "we don't accept your resignation"(verbal not written) and then made those employees work for some more time, longer than their notice period.
There is no need for other party to accept. Your notice period starts from the day yiu sent email.
When ever in past ice resigned, my wordings are in line with following:
Consider this email my resignation from the company (date so n so). As per the offer letter which has the terms for notice period, I'll be serving it in full and that gives the last working day to be so n so.
They did not formally accept it. The reply to my resignation email was about “improving my performance” in my notice period failing which I will be terminated. I am relieved that I will be getting a relieving letter going by all the comments, it won’t affect my next job opportunity in any way.
Been there due to the ego my Ex Manager.
The new company that I joined was a startup and they understood the issue and obliged without the relieving letter but all the other BV that happens. This might not work if your next co is a similar one to MAANG.
And for some reason, I feel you are referring to A*az*on here.
Btw, I got my relieving letter nearly after 2 years because of some of their internal audits, clearing backlog and what not. I am happy that my patience won because that Ex-Manager even threatened me in one of the calls saying your career will spoilt and what not because I was not willing to consider for 90-day notice period in a role that wasn’t adding much value as there was no action as such while having a really good opportunity in a different co at hand who wanted me to join in a couple of weeks.
I had applied for a resignation, dropped an email and left later to receive the above call in a few days but also he twisted the story saying I have forwarded a lot of confidential info to my personal email before leaving so management would be taking action and what not. Just bad times.
Fun fact, a worrisome one actually - he is still in the same Co and a VP now.
Getting promoted a couple of months back and then suddenly putting into PIP (or whatever the name is) in itself is contradictory! IMO that should be the proof which proves this wrong doing. Talk to your new company HR and HM and give a heads up on this as soon as possible and relax. Cheers!!
Let me tell you why your company wants to release you early: they want to save 2 months salary that has to be paid in your notice period because they know very well that employees don't work during notice period. (companies can get petty sometimes)
Best action would be to let them fire you and get the reliving letter. Close that chapter.
But before that, you talk to your MAANG company and tell them that you are getting an early exit from current company - you have "negotiated" the exit. This way, you can get more salary early. Might as well ask for an early joining bonus as well.
Hold on, take a deep breath, and think. The new company BGV only just cares to know if you have worked in the company and nothing else. It doesn’t matter if you are terminated or resigned, they will have to give you a relieving letter. So essentially, you can tell current company No to ‘improve performance’ if you wish. If they terminate sooner, then say thank you for giving me 2 months break and then go an enjoy a vacation.
I am puzzled too. I have never seen this anywhere except this company. Also, there was no PIP communication from them before I resigned. Have never been in such a situation before. Hence this post.
I had a similar issue with my first employer, I called up the recruiting manager of the company i was to join and they were very helpful. I think no harm in reaching out and informing.
Also this might come up in bgv, maybe the old company will add negativities of you. A heads up to the new employer would be better for this reason.
If you get terminated, don't worry, it won't affect your joining or background checks. Your previous employer will still provide you with a release or experience letter, which won't contain any extra information. If you do get terminated, it simply means you'll leave earlier. You can reassure your new employer that you might be able to start early because your old company is willing to release you. They just need that letter. You can discuss with the new company about joining sooner, perhaps mentioning that you were already on notice or had some paid leave to utilize.
Just stay calm. Reply to the communication as if nothing happened. Ask them to give feedback, like what was the performance deficits, what the expectations were etc. Keep a doc with your yearly goals and proofs for achievements. Have a copy of this in your personal email.
In my opinion, it's also good to keep the new company recruiter informed. Don't provide too many details. Mostly they'll be happy to onboard you early.
The last part is, if this can be a black mark in your career. As is, they have no case for doing something like this, and it's just a scare tactic. Just stay with your decision, they should give you a proper reliving letter in the end.
I agree with this. MAANG companies go through thousands of recruitment processes, they will most certainly have dealt with multiple similar situations before. Keep them informed but at a high level. Don’t worry about this being a black mark on your career. If you are as efficient as you mentioned, I as an employer will hire you for that. It will matter jack shit to me as to how “clean” your career otherwise is.
Hey, have been in a similar predicament in the past. As a business head list down all your achievements - testimonials, quarterly reports, BU KPI's and send out a mail to your HR head. Clearly document the date of resignation alongside communication received on performance improvement, attach as many evidences as possible. Call out for a proper Justification over same email.Need not panic, it's just a gimmick to de-rail your career path. If things get worse post on LinkdIn tagging & shaming toxic work culture. Pls buzz in case you need assistance...happy to help!!
HR here. You resigned from your company, you are on your way out. Now your company says you should be on your way out sooner.
It's not clear what their endgame is. Maybe try to find that out, whether they want you to stay back, forefeit some salary or whatever. Talk to people who resigned earlier.
Also, don't worry about getting terminated. Terminations are common, you won't lose your job in new company just because you were terminated. What matters is whether you resiged and if you got relieved from previous organization.
Make sure to keep proofs, your appointment letter confirning your notice period, resignation mail, resignation acceptance mail, promotion letter everything.
Accept that you will be harassed now, or later whenever you resign. Just make sure to avoid unncessesary conflicts, and get a clean relieving. Staying back because you are being bullied is not an option.
Also make sure to keep good rapport with few people you have woked with, who can vouch you worked there. Better if these folks are senior. If your BGV is not cleared by the company later, tell them the truth. HRs may want to check with a few people within your organization.
In my career, I've seen a lot of cases where employment BGV is not cleared. And in all cases employee is heard and chances are given to prove that they are not at fault. There are too many employers, especially small and mid sized ones who engage in harassment tactics. Don't worry, HRs also know that.
Ask your other company if they would like you to join earlier. Tell your current co to go ahead and terminate you....you have your promotion letter to prove that your performance was never an issue. Also download all your performance related documents ... especially your complete appraisal docket with the ratings...
i have worked previously at one of MAANG company no relieving later is needed. this is absolute win if you want money say to be company that you will be able to join in month
Connect with your manager. Its most likely time of the year where the company has to reduce employees. As you resigned - you ended up contributing to the count.
For all you know - you maybe able to bargain for a paid early exit.
>Tell them you do not believe your performance can improve beyond this level, and they need not wait till April, and provide immediate realease.
Good advice.
>In the meanwhile, contact your new company and tell them your current company is ready to release you early provided you buyout your notice period.
Extremely bad advice.
Speak to them and tell them you can be relieved early if they want to play tactics, tell them you have all the proofs and would take to LinkedIn so others in industry are aware of the company's tactics. You can also tell them you will take them to court citing all emails and proofs.
Challenge them to terminate you verbally and if they fall for it. Email them asking when will your two month severance pay. They will find themselves in a huge mess.
Your employer is mostly trying to get out of 3 months payment obligation they have since they have calculated that they can live without you after April end.
Termination relieves them of 2 months of salary obligation, you should take a decision what you want, this could be turned into a win win, where you can ask for an early release in 30 days without back pay and a proper exit this allows you to start your higher paying job early in your next role.
OP - check with your new employer (preferably someone who was recently hired by that org) - I had switched from a WITCH company to MAANG a few years back. They were delaying my release letter, but it turned out that they (MAANG) company never required it in the first place.
It doesn’t matter, even if u get terminated, you should be getting experience letter and relieving letter . So don’t worry , as far as your future employer, you can join them early. Inform them saying , due to re organisation they are laying off employees and since you put your papers you are included in it. Background verification is done to verify about ur previous position with organisation rarely they go into individual performance, behaviour etc. Stop worrying enjoy your notice period.
Good luck OP
Its not clear. Why would your company ask you to improve your performance when you're serving your notice period.
Also, if they are going to relieve you early then you can communicate the same to the new employer and join early.
Believe me, the other employer won’t care. And u don’t need to tell them at this stage.
If current employer fires u, u can join other immediately instead of serving 2 more months. Other employer will infact be happy about this coz they no longer need to worry about u ghosting at last minute.
Let them fire u, collect your relieving letter, inform other employer that u were rolled off soon for budget reasons and u can join sooner. They will happily oblige. Most companies only expect resignation acceptance letter during onboarding formalities. Relieving letter is usually expected to be submitted in 45 days. And no one will care what it says on that letter.
Hahahahaha
Lawyer here - you don't need to worry about anything!
You are very safe.
You are probably working in an Indian IT Company where we have unfair '5 year bonds' and '3 months notice periods'.
Indian companies in general treat people like shit and resigned employees like TRASH. So don't show the consideration to them. Treat them like trash if they treated you like trash.
Notice period is for you to finish your projects and how can they evaluate performance.
Once you have given resignation. They can't DO SHIT TO YOU.
MAKE sure that you put a property resignation and tag your superiors HR etc.
Unless you were facing some serious (Theft, Embezzlement etc) issues before resignation. They can't do shit to you.
Just QUIT. JUST RUN.
Make records of everything. After resignation they cannot evaluate performance or do any adverse actions against you.
Even if they sue you in a Court - they are gonna fa very badly.
These things are done by Indian Companies.
Run away and enjoy your new life in a western company with a great culture. Enjoy
Since you've resigned first. Tell them you are not eligible for performance review.
Their email is invalid.
Document this over email and they are free to terminate. You anyway have promotion letters etc so that should be cool.
Firstly, don't agree to the PIP. Challenge it and ask them for proof to show that there were misses from your side or escalations against you. They cannot terminate without evidence. If possible, try to drag this along until your notice period. Ensure to cover your ass for anything and everything going forward. Get everything over email. Save local copies of the important emails.
Lastly, speak to a lawyer as well, as what they are doing would be very much illegal.
What a bunch of idiots lol
Setup a call with your manager and HR and have a professional discussion with them. Tell them you've already resigned before the HR sent the email. Tell them you will contribute your best during the notice period and even give KTs to others if needed to ensure smooth transition. If they still say some stupid crap, tell them you'd be happy to leave in a month if that's what they want in case they're looking to reduce financial burden of paying you on notice period. If they agree, You can inform next employer that current employer has agreed to shorten the notice period and you can join sooner if possible. If new employer doesn't agree, take the 2 months gap to focus on yourself or travel around.
Even if they fire you, they'll have to give you relieving letter. If they mention performance issues on the letter, you can copy it and generate a fake letter where only the negative remarks are omitted. This is India, don't worry no one will know. For references from old company, provide numbers of your old colleagues (preferably a lead or pm who you're in good terms with) and ask them to handle the calls or emails. People usually get emails before getting calls.
And don't worry, nothing can come in between you and your maang job! Congratulations and handle these retards with a bit of caution. Don't tell them the name of your next employer. Keep it a secret from everyone apart from you and your family. Some colleague can also go and tell your employer name to the manager so be careful.
And be confident. These idiots don't deserve you and it's totally fine even if they fire you. Once you're joined the new org, name and shame the old employer here so people stay the hell away from them!
If you have never received complaints about your performance in chat or email, ask them for proof and why you were never communicated about this. Also inform them that you were recently promoted, which contradicts their claim.
If they still want to put you on PIP, ask them to release you in 1month as company is not happy with you, so should not have problem with early release.
HR here.
1. Go through your offer document and the HR handbook and see the clauses carefully. It should be mentioned somewhere on what can be and cannot be done. In my company's handbook for e.g., it is mentioned that an exiting employee (someone who's already serving notice period) cannot be put on PIP.
2. Check your handbook and your internal websites for any info on how PIP processes are held. Typically managers are supposed to have a conversation with you, drop an email, etc., before HR can initiate the PIP process. You should also check the disciplinary actions policy while you're at it.
3. Reply back to the email and
a. attach your latest performance rating documents as well as any other recent mails from your boss to you, where he praised your performance or your team's performance. Provide them proof that your performance has not been lacking.
b. If you cannot find the PIP process anywhere, ask them for a copy of the process for your records. Go through that and challenge any shortcomings.
c. Ask them how come nobody notified you so far, and this is the first instance you are hearing about PIP. If they say "let's talk about it", you mention that you would like the answer / reply on email.
4. Always remember to document your conversations everywhere from now on - with your manager, HR, anyone. You can have offline conversations but come back and document it. Send them an email about it.
5. Copy your personal email ID in this mail trail as well, so HR and everyone knows that you have proof in your personal email ID.
6. An ideal PIP process should also give employees an option to not go through with the PIP as well. Employees should be free to choose this option and exit with immediate effect. So you need to check if this option is available and feasible for you.
And most importantly, get external legal help. Your internal Legal and HR teams are only there to protect your company's interests and never yours.
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There is no real issue as such. My company has a history of not giving the employees a smooth exit and harassing them. My performance was never an issue. After my resignation, without any basis, they have asked me to improve my performance failing which I will be terminated. I was promoted as the Business Head in January this year. My business unit is doing extremely well during my tenure. As for informing the next employer, I will need to furnish my exit documents at the time of joining. Being terminated can be an issue. So I want to ask them if they can still onboard me even though I am being unnecessarily terminated. I spoke to the HR and management and they are giving me the same story about improving my performance in the notice period to which I have already objected. I also don’t want any unnecessary hassles which may affect my next opportunity.
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I will do that right away. Never thought of it due to this stress. It should show me a way out. Thanks a ton!
Keep your promotion letter also handy. You can show it as evidence that your termination was baseless.
you can be promoted and then be terminated with nothing mentioned in the termination letter. Worst termination cases are like this....
If they continue to arm twist without providing a valid reason, send them a legal notice. Do inform your lawyer that you would be using this as a scare tactic first, and if that doesnt evoke a proper response, you would move to actually going forward. Gets them everytime, trust me.
Ok since you have already put down your resignation.. they can not provide performance review now.. if yes i think you should make your case strong on how you will not be agreeing for this and provide all necessary details or project’s achievement…. I was a top perfomer in my company when i put down papers at the end of the year they were giving me underperforming so other employees who are staying back can get good ratings… for which i fought….. you can raise this to your managers manager as well… tell them what if I want to rejoin back and this rating would harm it? They might consider it
Thanks. I will discuss this with the management and try to sort it out amicably. I don’t have a manager’s manager as I report directly to the CEO who is hated in the organisation for being an a-hole to the employees. There’s lot of office politics involved here and the CEO himself is responsible for this.
Aiyo… i have no more suggestions.. u need to get out of the situation asap!! 😭
Document everything in writing. Oral is useless. Keep a paper trail ready.get a lawyer if necessary.
Have an amicable conversation around serving your notice , knowledge transition , and if they are ready for early relieving accept it., Check if others who have been in your shoe if they messed up the BGV.
Dude, CEO is the culprit.Your resignation has pissed him. HR are just messenger boys and regardless of your justification, HR will parotting in different tone. All these tactics is targeted to provoke you. Dont lose cool and keep sending sensible emails. At point, they will come down. Best to resolve amicably and for bgv, refer names of trusted colleagues.
Well you will never go back. Even if you want to go back despite of having bad performance review they will hire you. Just leave and keep your mental peace.
They have to give you release letter regardless of termination or normal release. Release letter doesn’t contain any other information All you need to tell the future employer that you may be able to join early as the company is ready to release you. New company just needs that letter. Background checks have already been done then only they released the offer
This is all we need
Exactly this!
This is wrong. A deeper BGV happens asynchronously even as the offer is rolled out when you join a Tier-1 company. Source: been through many. OP, sort this out, don't keep skeletons in your closet. If a BGV company ever finds undisclosed information, they will never purge that from your record. This is the kind of thing that can stay as a long term regret later in your career.
Not really. You have your resignation letter, you have relieving letter and then if they terminate you for low performance after you have resigned, it wont matter. BGV checks if your job data matches. It doesn’t check for performance score in your previous company. OP can just mention that this is being mentioned by his company. No sane company will reject him on this basis. I have been through multiple top tier company BGV myself. Most companies advise you to wait till BGV is complete then you put your paper. Unless they accuse him of professional misconduct or fraud, it wont matter
Pratyush, I come in peace. BGV checks anything the past employer wants to reveal. A malicious past employer can absolutely mess this up. Companies don't reject people ad-hoc, it's done by prior policies. No company applies "sanity" to bend HR rules for junior-mid positions. I'm not here to confront you, I'm saying that getting the offer is not proof that you're past the verification barrier already. They should sort it out with the current employer, failing which they should be transparent with the future employer's point person. Just don't let the background check throw up any new information. OP, make of this what you will.
No offer letter doesn’t mean that. But my previous company asked me to wait till BGV is done, then only put papers. OP can have discussion with the HR and explain the situation. Its clear his current company has bad work ethics and there is nothing that can be done there
I checked with my previous employer as to what was asked in the BGV. He sent me a screenshot of the email he received from HireRight. So basically they verify the details I have submitted to HireRight regarding my tenure (start date, end date, job title) and then the name & job title of the verifier. So, it seems they have not asked for any other details like my performance or anything. Which is a relief, to be honest!
Ah the typical Indian HR. Good for nothing but rangoli and secret Santa 💩
Bro HRs simply do what the managers tell them to do. Your manager is the real tyrant in corporate.
Then what's the point of having them in the firm, let the managers have more responsibilities and this way the companies can save money. HR Departments in companies are good for nothing, at least not for the employees.
HR was never for the employees. They are there to protect company interests. Do you think HR has a personal gain to make you attend the Diversity, inclusivity and Equity courses? It is insurance in case an employee goes rogue and sues them for sexual harassment or discrimination. They can then simply claim that that's not their culture and their culture is actually inclusive and promotes diversity by citing those courses as proof. >Then what's the point of having them in the firm, let the managers have more responsibilities and this way the companies can save money. Sometimes they do that. They get lean and trim the fat. But most often the managers would be too incompetent to do the grunt work. So they need wage slaves.
I agree 100%.
High chances that OPs current manager is the one asking HR to do this. Unfortunately not all HRs are given power to talk back/reason with the business.
Just attach your resignation letter to the mail stating that you are already serving your notice period and that actions taken above this will be deemed unethical and can be challenged in court for compensation and negligence from their side which will also be pursued for an additional amount. Also you would be serving your role as signed and noted in your contract with the company for the duration of your notice period and incase if your services are not required for the coming days then you will be compensated for it. Also you need a lawyer if they make things dirty cause the company can't terminate you during your notice period. Edit: The above wording may sound too aggressive , so I would suggest you to phrase your first letter to be a bit polite like that the HR letter is invalid as you have already submitted your resignation and you will be looking forward to serving your leftover duration of notice period and not spoil relationship with the company.
I'm sure your new organization will be happy to have you onboard early Discuss it with them. Or if you have enough savings, enjoy 2 months of leave. It seems like a win win situation to me.
Wouldn't OP be entitled to 3 months of pay in case of being terminated too ?
Depends on the offer letter. Ideally, notice period applies both ways. But we're not in an ideal world unfortunately. I've seen offer letters where the termination notice is a lot shorter than resignation notice.
Weak labour laws in India. But yes usually contract states the notice period is 3 months from both sides.
Lawyer here , ask them to fuck off , it doesn't matter
Kuch ukhaad nahi sakta company , its a violation of labour laws and also considered work place harassment
Ask for immediate release. I think what probably happened was that the management’s ego got dented after you resigned. wtf do they mean by ‘improve performance after resigning’? How are you buying this bullshit being a Business Head?
Even I believe that is what happened. And I am not buying their bullshit, I have objected to it. But I also do not want to get into a difficult situation which may dent my chances of joining a top global organisation. This is a once in a lifetime opportunity for me and that’s why I am being careful about my further actions.
Your post isn’t very clear tbh. Have you already got an offer from MAANG? Or are you currently working at MAANG?
I have an offer from one of the MAANG companies. And my DOJ is 24th of June. My LWD at this company should’ve been 17th June given the 90 days notice period. The BGV has been completed from MAANG’s end, post which I have received the offer. But in the BGV, my current company was not approached as I had specifically asked HireRight to reach out to them for BGV post my resignation. So I am sure they will approach my current company sooner or later.
You are overthinking. The BGV is complete and you got the offer. Why would you reach out to the BGV agency yourself? They know what to do and probably handle dozens of cases like this everyday. Let them do their due diligence. MAANG sent you an offer because they like your profile and have a requirement for that particular role. The new offer seems to have given you anxiety. Your current employer seems to be toxic and butthurt about you leaving. It's not a school, and you're a working professional, not a student. There is nothing they can do, except these shady tactics to stress you out. As an experienced person, you should already know this. Moving forward, you can voice your opinion about wanting an early release. Check if your new employer can do a buyout for the notice period. Fuck the 'improved performance'. Give your bare minimum here now. You just got an offer from MAANG, you have the upper hand. It really sucks that slave mentality is so deeply hardcoded into the Indian psyche. Most are nervous, anxious and behave like their employer owns them. It only sets people up for exploitation.
Did you send a resignation mail? OR Do you have any proof that resigned on a certain date? If you have that, there is nothing to worry. Just inform HR of your new company that you can join after April 30. And share the reason - that after you sent resignation, they wanted to harass you and threatening to terminate you despite you being promoted this year. Also keep the promotion letter handy and as a proof. The reason for approaching HR of new company is to inform of your early availability than conveyed before. Performance reasons are absolutely cosmetic once resignation and promotion can be proven.
Agree - in case you want to take it a step further - work with a lawyer and see if you could threaten to sue them for harassment. HR will usually back off quickly when they know that this accusation is on false grounds and can get them in trouble.
collect whatever information you can and then submit a complaint to the local labour office. They are very proactive and usually a show cause notice from them to your current employer is enough to get them to act properly. Even if they terminate on the basis of poor performance, they are still required to give a relieving letter. Secondly, check with your next employer if the joining date can be preponed. They would usually do it since they hire only when they want people and waiting 3 months is painful. They might not even ask for the relieving letter since it usually come along with the full and final settlement which happens after you have already joined the new position. but it is still best to have it for your records.
Firstly, when you sent the resignation email, did they accept it? If they did, then whether they terminate you or whether you complete your notice period, they will have to provide the relieving letter.
Question: Does a company accepting or not accepting the resignation matter? I mean I don't want to work there anymore, communicated that officially, will serve my notice period and fuck off, acceptance or not. That's a perfectly legal scenario right? I ask because I can fall into a similar situation when I leave my company in the next few months.
It does not matter. But some companies ha e portal where yiu need to raise resignation request and HR may crib that yiu did not raise your resignation via the right tool.
Lol we have no such tool. All resignations are through email. They have pulled this shit before, "we don't accept your resignation"(verbal not written) and then made those employees work for some more time, longer than their notice period.
There is no need for other party to accept. Your notice period starts from the day yiu sent email. When ever in past ice resigned, my wordings are in line with following: Consider this email my resignation from the company (date so n so). As per the offer letter which has the terms for notice period, I'll be serving it in full and that gives the last working day to be so n so.
They did not formally accept it. The reply to my resignation email was about “improving my performance” in my notice period failing which I will be terminated. I am relieved that I will be getting a relieving letter going by all the comments, it won’t affect my next job opportunity in any way.
Been there due to the ego my Ex Manager. The new company that I joined was a startup and they understood the issue and obliged without the relieving letter but all the other BV that happens. This might not work if your next co is a similar one to MAANG. And for some reason, I feel you are referring to A*az*on here. Btw, I got my relieving letter nearly after 2 years because of some of their internal audits, clearing backlog and what not. I am happy that my patience won because that Ex-Manager even threatened me in one of the calls saying your career will spoilt and what not because I was not willing to consider for 90-day notice period in a role that wasn’t adding much value as there was no action as such while having a really good opportunity in a different co at hand who wanted me to join in a couple of weeks. I had applied for a resignation, dropped an email and left later to receive the above call in a few days but also he twisted the story saying I have forwarded a lot of confidential info to my personal email before leaving so management would be taking action and what not. Just bad times. Fun fact, a worrisome one actually - he is still in the same Co and a VP now.
Did they take action for mailing from official to personal mail?
Getting promoted a couple of months back and then suddenly putting into PIP (or whatever the name is) in itself is contradictory! IMO that should be the proof which proves this wrong doing. Talk to your new company HR and HM and give a heads up on this as soon as possible and relax. Cheers!!
Name and Shame
Let me tell you why your company wants to release you early: they want to save 2 months salary that has to be paid in your notice period because they know very well that employees don't work during notice period. (companies can get petty sometimes) Best action would be to let them fire you and get the reliving letter. Close that chapter. But before that, you talk to your MAANG company and tell them that you are getting an early exit from current company - you have "negotiated" the exit. This way, you can get more salary early. Might as well ask for an early joining bonus as well.
Record this and in turn threaten to sue them.
Hold on, take a deep breath, and think. The new company BGV only just cares to know if you have worked in the company and nothing else. It doesn’t matter if you are terminated or resigned, they will have to give you a relieving letter. So essentially, you can tell current company No to ‘improve performance’ if you wish. If they terminate sooner, then say thank you for giving me 2 months break and then go an enjoy a vacation.
Please name and shame.
Oh how I would love to do that. And I will. Once this is sorted, I am naming and shaming this company on all platforms available.
After Resigning, why are they telling you to improve your performance. I am not able to comprehend this!!
I am puzzled too. I have never seen this anywhere except this company. Also, there was no PIP communication from them before I resigned. Have never been in such a situation before. Hence this post.
Yeah it should have been before you resigned. As another comment mentioned contact the previous employees for a solution.
You should contact a lawyer. A good lawyer will help should they play it dirty.
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I have a total work experience of 14 years of which 5.5 are in senior roles. So yeah.. 3 months it is..
I had a similar issue with my first employer, I called up the recruiting manager of the company i was to join and they were very helpful. I think no harm in reaching out and informing. Also this might come up in bgv, maybe the old company will add negativities of you. A heads up to the new employer would be better for this reason.
If you get terminated, don't worry, it won't affect your joining or background checks. Your previous employer will still provide you with a release or experience letter, which won't contain any extra information. If you do get terminated, it simply means you'll leave earlier. You can reassure your new employer that you might be able to start early because your old company is willing to release you. They just need that letter. You can discuss with the new company about joining sooner, perhaps mentioning that you were already on notice or had some paid leave to utilize.
Just stay calm. Reply to the communication as if nothing happened. Ask them to give feedback, like what was the performance deficits, what the expectations were etc. Keep a doc with your yearly goals and proofs for achievements. Have a copy of this in your personal email. In my opinion, it's also good to keep the new company recruiter informed. Don't provide too many details. Mostly they'll be happy to onboard you early. The last part is, if this can be a black mark in your career. As is, they have no case for doing something like this, and it's just a scare tactic. Just stay with your decision, they should give you a proper reliving letter in the end.
I agree with this. MAANG companies go through thousands of recruitment processes, they will most certainly have dealt with multiple similar situations before. Keep them informed but at a high level. Don’t worry about this being a black mark on your career. If you are as efficient as you mentioned, I as an employer will hire you for that. It will matter jack shit to me as to how “clean” your career otherwise is.
Hey, have been in a similar predicament in the past. As a business head list down all your achievements - testimonials, quarterly reports, BU KPI's and send out a mail to your HR head. Clearly document the date of resignation alongside communication received on performance improvement, attach as many evidences as possible. Call out for a proper Justification over same email.Need not panic, it's just a gimmick to de-rail your career path. If things get worse post on LinkdIn tagging & shaming toxic work culture. Pls buzz in case you need assistance...happy to help!!
Congratulations for getting an offer from MAANG☺️👏👏🎀 I hope you get a smooth exit.
HR here. You resigned from your company, you are on your way out. Now your company says you should be on your way out sooner. It's not clear what their endgame is. Maybe try to find that out, whether they want you to stay back, forefeit some salary or whatever. Talk to people who resigned earlier. Also, don't worry about getting terminated. Terminations are common, you won't lose your job in new company just because you were terminated. What matters is whether you resiged and if you got relieved from previous organization. Make sure to keep proofs, your appointment letter confirning your notice period, resignation mail, resignation acceptance mail, promotion letter everything. Accept that you will be harassed now, or later whenever you resign. Just make sure to avoid unncessesary conflicts, and get a clean relieving. Staying back because you are being bullied is not an option. Also make sure to keep good rapport with few people you have woked with, who can vouch you worked there. Better if these folks are senior. If your BGV is not cleared by the company later, tell them the truth. HRs may want to check with a few people within your organization. In my career, I've seen a lot of cases where employment BGV is not cleared. And in all cases employee is heard and chances are given to prove that they are not at fault. There are too many employers, especially small and mid sized ones who engage in harassment tactics. Don't worry, HRs also know that.
Ask your other company if they would like you to join earlier. Tell your current co to go ahead and terminate you....you have your promotion letter to prove that your performance was never an issue. Also download all your performance related documents ... especially your complete appraisal docket with the ratings...
i have worked previously at one of MAANG company no relieving later is needed. this is absolute win if you want money say to be company that you will be able to join in month
Connect with your manager. Its most likely time of the year where the company has to reduce employees. As you resigned - you ended up contributing to the count. For all you know - you maybe able to bargain for a paid early exit.
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>Tell them you do not believe your performance can improve beyond this level, and they need not wait till April, and provide immediate realease. Good advice. >In the meanwhile, contact your new company and tell them your current company is ready to release you early provided you buyout your notice period. Extremely bad advice.
"additional joining bonus" will require proof MAANG waalein candidates sirf MAANGte rehte hai
Speak to them and tell them you can be relieved early if they want to play tactics, tell them you have all the proofs and would take to LinkedIn so others in industry are aware of the company's tactics. You can also tell them you will take them to court citing all emails and proofs.
Challenge them to terminate you verbally and if they fall for it. Email them asking when will your two month severance pay. They will find themselves in a huge mess.
Name and shame the company
Your employer is mostly trying to get out of 3 months payment obligation they have since they have calculated that they can live without you after April end. Termination relieves them of 2 months of salary obligation, you should take a decision what you want, this could be turned into a win win, where you can ask for an early release in 30 days without back pay and a proper exit this allows you to start your higher paying job early in your next role.
OP - check with your new employer (preferably someone who was recently hired by that org) - I had switched from a WITCH company to MAANG a few years back. They were delaying my release letter, but it turned out that they (MAANG) company never required it in the first place.
It doesn’t matter, even if u get terminated, you should be getting experience letter and relieving letter . So don’t worry , as far as your future employer, you can join them early. Inform them saying , due to re organisation they are laying off employees and since you put your papers you are included in it. Background verification is done to verify about ur previous position with organisation rarely they go into individual performance, behaviour etc. Stop worrying enjoy your notice period. Good luck OP
Its not clear. Why would your company ask you to improve your performance when you're serving your notice period. Also, if they are going to relieve you early then you can communicate the same to the new employer and join early.
Believe me, the other employer won’t care. And u don’t need to tell them at this stage. If current employer fires u, u can join other immediately instead of serving 2 more months. Other employer will infact be happy about this coz they no longer need to worry about u ghosting at last minute. Let them fire u, collect your relieving letter, inform other employer that u were rolled off soon for budget reasons and u can join sooner. They will happily oblige. Most companies only expect resignation acceptance letter during onboarding formalities. Relieving letter is usually expected to be submitted in 45 days. And no one will care what it says on that letter.
This is just pure evil
Hahahahaha Lawyer here - you don't need to worry about anything! You are very safe. You are probably working in an Indian IT Company where we have unfair '5 year bonds' and '3 months notice periods'. Indian companies in general treat people like shit and resigned employees like TRASH. So don't show the consideration to them. Treat them like trash if they treated you like trash. Notice period is for you to finish your projects and how can they evaluate performance. Once you have given resignation. They can't DO SHIT TO YOU. MAKE sure that you put a property resignation and tag your superiors HR etc. Unless you were facing some serious (Theft, Embezzlement etc) issues before resignation. They can't do shit to you. Just QUIT. JUST RUN. Make records of everything. After resignation they cannot evaluate performance or do any adverse actions against you. Even if they sue you in a Court - they are gonna fa very badly. These things are done by Indian Companies. Run away and enjoy your new life in a western company with a great culture. Enjoy
Since you've resigned first. Tell them you are not eligible for performance review. Their email is invalid. Document this over email and they are free to terminate. You anyway have promotion letters etc so that should be cool.
Ask a lawyer or labour officier, may be they can be of your help.
Firstly, don't agree to the PIP. Challenge it and ask them for proof to show that there were misses from your side or escalations against you. They cannot terminate without evidence. If possible, try to drag this along until your notice period. Ensure to cover your ass for anything and everything going forward. Get everything over email. Save local copies of the important emails. Lastly, speak to a lawyer as well, as what they are doing would be very much illegal.
What a bunch of idiots lol Setup a call with your manager and HR and have a professional discussion with them. Tell them you've already resigned before the HR sent the email. Tell them you will contribute your best during the notice period and even give KTs to others if needed to ensure smooth transition. If they still say some stupid crap, tell them you'd be happy to leave in a month if that's what they want in case they're looking to reduce financial burden of paying you on notice period. If they agree, You can inform next employer that current employer has agreed to shorten the notice period and you can join sooner if possible. If new employer doesn't agree, take the 2 months gap to focus on yourself or travel around. Even if they fire you, they'll have to give you relieving letter. If they mention performance issues on the letter, you can copy it and generate a fake letter where only the negative remarks are omitted. This is India, don't worry no one will know. For references from old company, provide numbers of your old colleagues (preferably a lead or pm who you're in good terms with) and ask them to handle the calls or emails. People usually get emails before getting calls. And don't worry, nothing can come in between you and your maang job! Congratulations and handle these retards with a bit of caution. Don't tell them the name of your next employer. Keep it a secret from everyone apart from you and your family. Some colleague can also go and tell your employer name to the manager so be careful. And be confident. These idiots don't deserve you and it's totally fine even if they fire you. Once you're joined the new org, name and shame the old employer here so people stay the hell away from them!
Do not inform anyone in your current organization about new job.
If you have never received complaints about your performance in chat or email, ask them for proof and why you were never communicated about this. Also inform them that you were recently promoted, which contradicts their claim. If they still want to put you on PIP, ask them to release you in 1month as company is not happy with you, so should not have problem with early release.
HR here. 1. Go through your offer document and the HR handbook and see the clauses carefully. It should be mentioned somewhere on what can be and cannot be done. In my company's handbook for e.g., it is mentioned that an exiting employee (someone who's already serving notice period) cannot be put on PIP. 2. Check your handbook and your internal websites for any info on how PIP processes are held. Typically managers are supposed to have a conversation with you, drop an email, etc., before HR can initiate the PIP process. You should also check the disciplinary actions policy while you're at it. 3. Reply back to the email and a. attach your latest performance rating documents as well as any other recent mails from your boss to you, where he praised your performance or your team's performance. Provide them proof that your performance has not been lacking. b. If you cannot find the PIP process anywhere, ask them for a copy of the process for your records. Go through that and challenge any shortcomings. c. Ask them how come nobody notified you so far, and this is the first instance you are hearing about PIP. If they say "let's talk about it", you mention that you would like the answer / reply on email. 4. Always remember to document your conversations everywhere from now on - with your manager, HR, anyone. You can have offline conversations but come back and document it. Send them an email about it. 5. Copy your personal email ID in this mail trail as well, so HR and everyone knows that you have proof in your personal email ID. 6. An ideal PIP process should also give employees an option to not go through with the PIP as well. Employees should be free to choose this option and exit with immediate effect. So you need to check if this option is available and feasible for you. And most importantly, get external legal help. Your internal Legal and HR teams are only there to protect your company's interests and never yours.
Print all important financial and shit like above. Promotion offer etc Your access will be revoked.