Going through something similar where the management has laid off 1/3rd the total team via forced resignation and without any severance. A bunch of folks who stood up to ask for reasons, severance etc are being threatened with termination and bad experience letter (and even lawsuits)
Could really use your take if you or your colleagues have gone through something similar.
One of my colleagues in my previous org was forcibly asked to resign. She asked for a two month notice period to look for other jobs, and didn’t work at all the entire two months. The company also couldn’t do anything in this case because the only other option is to terminate her, which would mean they have to pay the severance.
As far as a bad experience letter is concerned, you can inform your new HR/Hiring Manager about the harassment you were facing by your previous employer regarding the same. I’m not a legal person, but I’m pretty sure the company cannot and won’t file a lawsuit because they wouldn’t win in court and also because it can go public and ruin the reputation entirely. That would be more expensive for the company than paying severance.
In the end, if the company wants to let you go, they will let you go either way. You can either resign as per their conditions and leave on a good note or you can fight back and burn all the bridges. I’m sorry to say this, but sadly that’s the only way.
Thanks for sharing your colleagues experience. That is still a kind of win win situation. Employee gets money, company moves on.
In this case, however, company is not agreeing to pay in lieu of notice period as well.
Same happened to me. I consulted a senior HR in my network and a lawyer friend. Few things I did that helped me throughout:
They agreed to give the severance but out of ego have put things like “his performance was average” in the experience letter.
Talked to a few friends in my network, they are saying just explain the whole thing to the prospective HR and they will understand.
I have all kinds of proofs and past references to discard their negative experience letter, just that I have to a bit of extra explaining.
This is helpful - thank you. I’m already preparing for the extra bit of explanation to my next potential employer.
My company has denied any severance whatsoever - even sitting on our September salary now. And mocked a few of us saying “you can go to court - we’ll see you there” 🤷🏻♂️
That’s bad. Companies (mostly HRs on behalf of them) are cocky but they are the ones who are more afraid if it goes to court since court will always be biased towards people’s livelihoods, which in case is the employee.
This is what my lawyer friend told me initially so I was contemplating that as well in case things go south
Any lawyers welcome to comment too. People who stood their ground against unfair resignation would be a very small set.
For starters, is severance even a thing in India? I thought only notice period mattered.
Used severance as a generic term. Usually companies may pay in lieu of notice period to reach a conclusion quicker
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