Forcing Resignation after PIP - what are my legal options? - CiteHR
Mahr
Head - Human Resources

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I am working for an IT Consulting company for almost 2 1/2 years and joined as an developer initially and later took up project leading role and requested for service line change from developer to leading areas as my stronger areas is into project leadership than technical with around 10 years of overall experience. Few of the initial projects I worked had bad experiences technically but I have flared well in project leading and took up some projects as project leader.

The problem is now that my company does not have enough project lead roles and my current project has ended and there are only developer and development positions left and I am on bench since 2 months. I was also put on PIP during bench period and I have completed the PIP process as per the expectations with in a period of agreed 8 weeks and delivered what is expected. With out getting a confirmation from Management that my PIP process ended, later I was assigned to another short term project for 2 months - which implicitly means that I am continuing in the organization AS IS condition. Now this new project which I was working due to clients org restructuring they do not have position for my continuity so my project ended.

Now my HR and PM have called me up for a meeting and asking to lookout for other opportunities and forcing me to resign. The reason they are quoting is they do not have positions for me to continue as a Project Lead and as a developer they do not think I am a right fit in their projects. They are asking me to resign and continue until notice period of 2 months or else they are threatening to terminate me on performance grounds. As per our HR policy if the employee is non-performing he will be put on PIP for 6-8 weeks and if he is not improved in this period then he will be terminated immediately.

In my case though I was put on PIP and though I was officially not confirmed that I was successfully in completing or not completing the PIP, but I did my part and proved and have completed and submitted all the work and artifacts as defined in PIP and later was also assigned for another project for 2 months (they did not terminate me immediately soon after the PIP).

Now they cannot ask me to leave on performance basis as I proved it. Is it the right thing for them to ask me resign the company? what are my legal options? how can they ruin my whole financial planning which will impact my kids education, family maintenance, mental peace? I still have not resigned but in great dilemma. What is your best suggestion? please advise?

Hi Dprasad,
Let me put this very straight. If the employer has decided not to continue with you, then there is no point. You performance is not a question, if so they would never had given a chance to you to resign rather would have terminated you by the end of PIP. Practically I would suggest you to look in for a job change. You should have forecast-ed this when you were put on bench.
Call in for a meeting, and seek help from your PM & HR. Tell them that you would look in for a change. Also inform them that you may require additional time, as there will be a thin layer of hiring by end of calendar year. Worst case, 2 months salary in the notice period and request them for service letter till you get a job which would be not more than 4 months. Good luck!
PS - Send a copy of your resume to maheshb79 at hotmail dot com.

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