Experience letter

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Experience letter

I started my training 8 months ago with a firm. My training completed in 3 months. Yesterday I resigned without serving my notice period because I need to prepare myself for my exam. They deduct my salary as compensation for not serving notice period. Now they are refusing to provide my experience letter.

Asked on December 1, 2016 under Employment Labor Law, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that absent a union agreement/employment contract, or some form of legally actionable discrimination, there is no inherent right for your employer to issue a letter such as you describe. The fact is that most work relationships are "at will". This means that an employer can set the conditions of the workplace much as it sees fit. This includes whther or not to provide an "experience letter" to an employee. As for withholding your salary due to not giving notice, again unless this is allowed under the terms of any applicable written agreement, you must be paid for all hours worked.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no right to an "experience letter" unless and only if there was some written contract requiring it--and under the terms of the contract and the facts (e.g. you leaving without serving the notice period) they'd have to provide the letter. Unless contractually required, such a letter is purely voluntary on the employer's part, and they could choose to not provide it.


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