How can I get a No Obligation Certificate from my employer?

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How can I get a No Obligation Certificate from my employer?

Currently I’m working as a contractor for a company called TCS and I got a job offer to apply for a full-time position with them. However, for hiring, they require NOC from my employer and the employer is not willing to provide it stating the company doesn’t have a policy to give NOC as I have signed the contract. The problem is I have also signed a contract with them stating, I’m cannot join as full-time with the current company I’m working or I’ll have to wait for 12 months to join after the termination. So is there any way I can get a NOC from my current employer?

Asked on September 30, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Regardless of whether you signed a contract or not, an employer is not itself obligated or required by law to provide a no obligation certificate (NOC) or anything like that--it is purely voluntary on their part whether to do this or not.  Therefore, you can't get a NOC from your employer if they choose to not provide one, because they have not legal obligation or duty to provide it.


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