Employee of two companies at the same time
3 years ago
I'm employee of an IT company where one of the two partners walked out of the company and asked me to join his new company. I was asked to resign from my existing company and digitally sign the soft copy of the Appointment Letter & NDA of the new company, which I did. Now the owner of my existing company says whatever has been done by me and other employees by joining the new company is not legal because of the following three reasons: 1) The date that I was asked to put in my resignation letter was a previous false date, just to show that I served two months of notice. 2) The resignation letter was accepted (without any date on it) by the individual who no longer serves the designation of HR Manager. She was earlier the HR Manager. 3) No relieving letter on company letterhead was provided to me. I'm right now not relieved from my previous company and they've put the date of joining in the new company's Appointment Letter as 15th Feb 2021. I'm still with the existing company and there is a bitter feud going on in public domain between the two partners. Will I be in legal trouble if I stay with my current company or join the new company? Can you please guide what is legally the right thing to do? Should I be with my existing company or do I have to join the new company?
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You cannot begin working with the new company until you have resigned from the old one. Serve them with legal notice to grant you the release letter.
1. You will have to give the correct date of resignation along and work through the necessary notice period.
2. The person who was in charge when you tendered the resignation is the right person, this is a bogus claim by the company to scare you. You could not have served your resignation anticipating who would be HR manager in the future.
3. Serve them with legal notice.
You can either join the new company or reman at the old one. You cannot however, do both.
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Your old company seems to be making frivolous contentions to scare their employees into staying in their original jobs. If the resignation was according to the terms of your employment agreement, then the cannot stop you from leaving. Serve them with legal notice to give you the release letter.
You can choose either to join the new company or remain at the old one, but you cannot do both.
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Your issue is complicated as such you have to discuss the matter in person with the aid of all the documents to avoid confusion and miscarriage of justice.
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