Employer Forced Employee To Resign With One Day Notice - CiteHR
Brindhakavi0606
Hr , Admin & Computer
Sriramwarrier
Recruitments, Training, Couselling &
Anuj Trivedi
Labour Law Consultant
+2 Others

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My friend was working in an organisation registered under company act section 25 for last 10 yrs. One day while entering office his immediate boss forced him to put resignation and not to come to office from next day without stating any reason. My friend resigned on the same day. Next day he received some F&F calculation from acct. But his resignation was not acknoledged officially. After 2 days my friend sent a letter of resignation withdrawal. Now they are saying that he has been already relieved and f&f settlement is done, they cannot consider his withdrawal request.
Please suggest what my friend should do now?? As it was a very good job he doesn't want to loose this job.
Md. Mazid
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Dear Mr.Mazid,
Company has right to terminate if the employee made any mistake against the company norms, so let us know what he has done & why his service has been terminated.
And if he wants to rejoin the company he has to give proper explanation to the management if they have accepted.
Regards,
Brinda
He was not told for what reason he was being forced to resign, he was not terminated Regards, Mazid
Mr. Mazid,
A company has no right to terminate or force for the resignation (which sensibly thinking, he would have avoided) , unless there is a mistake / deviation by the employee.
Mistake can be any deviations from the standard terms & conditions of the employment , which needs to be notified to the employee in the form of warning initially, later through a Internal Memo and further concluded on hearing.
As in your friend's case, they have forced him to write a resignation letter, which itself is a initiation from his side and will prove as a fatal point against him legally.
If he intends to take this forward, he needs to meet a good lawyer, with ample proofs of employment and may be some evidence substantiating that the resignation was forced / threatened to, and not by hiis own will.
Dear Mr. Mohapatra,
As your friend resigned himself and received full & final settlement, he can't withdraw the resignation.
Can you tell us by which mode your friend received his full & final i.e. by hand or by registry etc.
Thanks!! Resignation was forced by the organisation, he has not received the full & final settlement before that he has sought for withdrawal. Regards, Mazid
Many of them who are replying is from HR, here the question is does the affected employee stands a chance to get reinstated in the company if goes to court
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