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Ex-company forcing to work after quitting

Sai Surya
Ranch Hand

Joined: Feb 08, 2006
Posts: 459

Dear all,

I joined company X in India, and just after couple of weeks, due to their client's acquisition this company told everyone of us in the team to look for jobs. Though notice period is 2 months, I requested them to release me earlier which they did. I have email confirmation from HR that, I was released from duties with date.

In the meantime, I got offer from another company and I joined. Yesterday, manager and HR from company X called me and forcing me to attend client calls, and do tasks assigned by client. It is obvious that they have not informed client that I quit. For the sake of billing, they are forcing me to work until March-14 end (their contract with client is until end of March only).

I honestly told them that, since I have not heard from them for 3 weeks, I joined another company so I cannot work for their client even part time. Also, my present company agreement states that, I should not engage in any other work etc.

Now, I am scared that this company X may cause trouble to me legally? What could happen, I lost so much money by relocating to their location and I didn't get salary for the 2 weeks I worked for them.

Any suggestions?


Sai Surya, SCJP 5.0, SCWCD 5.0, IBM 833 834
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Maneesh Godbole
Saloon Keeper

Joined: Jul 26, 2007
Posts: 10376
    
    8

Sai Surya wrote: I have email confirmation from HR that, I was released from duties with date.... Yesterday, manager and HR from company X called me and forcing me to attend client ......

Does the Manager/HR know that you have been relieved? It is possible that during all the acquisition activity, they might not have this information (though unprofessional, but possible)
I would suggest you politely point out that you are no longer an employee of their company. At the same time it might also be a good idea to update your current boss and HR of this situation.
If you have the letter as you said, you do not have anything to worry about.


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Sai Surya
Ranch Hand

Joined: Feb 08, 2006
Posts: 459

Hi Manish,

Yes. The same manager/HR only released me. Now, the very same people asking me to resume work with client. Because for the sake of billing, they have not told client that I quit. Client is thinking I'm still available to work.

Thanks & Regards,
Surya.
Chan Ag
Bartender

Joined: Sep 06, 2012
Posts: 1018
    
  15
I think if you've quit company X already on papers and you have the relieving letter from them, they can't harm you legally. On the contrary at your current workplace you must have already signed a document which states that you would not work for another employer while you are working for them. So what company X is asking for is illegal.

Company X should have planned all this well before asking people to go. Organizations often have to part with good packages if they have to request an employee whose relieving date is due to stay longer than their last working day. And the last decision is that of the employee.

The worst thing company X could do is they can give a negative feedback about you to your current employer at the time of previous employer verification. But you could always convey to your current employer what they expected from you so your current employer will understand.

On the other hand, if you are willing to really help company X, I suggest you suggest them to speak to your current employer about it.

Anyway in my opinion, company X can't harm you. You have all the cards.
Sai Surya
Ranch Hand

Joined: Feb 08, 2006
Posts: 459

Thanks Chan.

I have email confirmation from company X that I was released from duties with last date of work. I do not have paper per say, but an email. Does it valid?

Thanks & Regards,
Surya.
Chan Ag
Bartender

Joined: Sep 06, 2012
Posts: 1018
    
  15
Actually I don't know what kind of an email it is and who is the sender of the email, but in most cases such emails represent the organization. So I think it should be fine as long as it has the dates and it states clearly that you are relieved from their services effective some date. Sometimes such emails also have the soft copy of signatures of HR head or someone.

I think as long as the email has those details, you are good.



Ulf Dittmer
Marshal

Joined: Mar 22, 2005
Posts: 41867
    
  63
I think you would be well advised to obtain professional legal advice.


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Chan Ag
Bartender

Joined: Sep 06, 2012
Posts: 1018
    
  15
Actually yes, on second thoughts, I also think that it might be better to seek professional legal advice. We can't speak for what is legal and what is not.

I am not sure that an email is a valid proof that you are relieved. My first organization sent me a soft copy of the provisional relieving letter via email. So it wasn't just an email. It also had the provisional relieving letter. After some 60-65 days they did the settlement and sent the hard copy of the relieving letter at my postal address.
Jeanne Boyarsky
internet detective
Marshal

Joined: May 26, 2003
Posts: 30537
    
150

Sai Surya wrote: Because for the sake of billing, they have not told client that I quit.

That's shady on the company's part. Just as asking you to work for them after you quit and were released. Two wrongs don't make a right!

I don't know about the legal issues. They certainly appear in the wrong. And someone can make trouble for someone else right or wrong. If the new company is a big company, you might ask them what to say to the new company. Maybe they can help you draft something that will scare company X off from trying to intimidate you.


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Sai Surya
Ranch Hand

Joined: Feb 08, 2006
Posts: 459

Thank you all for the valuable comments. Another twist in the story is, company X manager called me and requested me to provide my github password so they can commit/checkout from my account and 'pretend' that I am still working for them. I'm really surprised that, to what extent they can go to put their valuable client in dark. No way I give my credentials to them. Once again, thank you all.
Campbell Ritchie
Sheriff

Joined: Oct 13, 2005
Posts: 38865
    
  23
Good grief! This is getting worse and worse. You are lucky to have left X.
Jeanne Boyarsky
internet detective
Marshal

Joined: May 26, 2003
Posts: 30537
    
150

You are doing the right thing in not working with them anymore. I'm glad you found a better job. Don't know if it was obvious the company had ethical issues when you working there, but it is clear as day now!
Bear Bibeault
Author and ninkuma
Marshal

Joined: Jan 10, 2002
Posts: 61221
    
  66

Sai Surya wrote:No way I give my credentials to them.


Wise move. You would open yourself up to all sorts of liability and culpability for fraud.


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Deepak Bala
Bartender

Joined: Feb 24, 2006
Posts: 6661
    
    5

Another twist in the story is, company X manager called me and requested me to provide my github password so they can commit/checkout from my account and 'pretend' that I am still working for them.


Whoa ! Major violation right there. I'd say they have more reason to worry if you have that conversation in an email.

You are not under any obligation to work for them after you've been relieved of your duties. (This is my opinion and not legal advice. None of us know what the fine print says)


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Chris R Barrett
Ranch Hand

Joined: Dec 05, 2013
Posts: 169
    
  10

Hi Sai,

Tell your current employer about the situation. Show them the harassing emails from company X and provide the date, times and names of those that contacted you from company X.

It's obviously causing you a lot of stress (otherwise you wouldn't have posted in a public forum) and there is no "win" situation for you. There are better things to spend your energy on (like writing great code for your current employer). This issue will go away the moment your current employer sends a cease and desist letter to company X.

Cheers!
Chris


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