Umakanthan53
Labour Law & Hr Consultant

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I m Rakesh. I worked as an area manager with travel limited for 2 years. Company hr called with my reporting manager on concall and pushed me to resign on false allegations. My reporting manager put some fake allegations like meeting with the client without info to him etc. I told HR and him that all allegations are fake and I mailed n watsup to boss for meeting with clients but my boss kept telling lies on phone n he didn't listen to me asked to resign in 3 days else she will terminate.

I requested I cant resign due to the highest unemployment in COVID but she kept forcing. I asked for extra months of salary support. Due to fear of termination, i resigned after hr second calls. I have all call recordings of fake allegations n force resignation. In tough covid time after 3 months' resignation I cud not find a job. My reporting manager n hr destroyed my bright career on fake allegations without any inquiries by the company on allegations of my boss. I have sleepless nights. Plz, suggest how i can take back job. Forceful resignation is illegal as I have 2 recordings? If I file civil suit what damages or reinstatement I can get?

Plz suggest .

From India, Delhi
Dear Rajesh,
First, you have to prove beyond any reasonable doubt before the Court of law that you were coerced to resign. I think it is very difficult in your case because you happen g
to be solitary fighter whereas all in the organization had already joined together in your ouster. Besides, the Civil Court can at the maximum declare that you were forced to resign and treat the same as constructive dismissal and declare it as badin law and therefore order damages and not reinstatement. Any how it may take years and as such you should have the patience and wherewithal to await such a long period of time.
It is better to move ahead searching for a suitable job in a good organization of your choice.

From India, Salem
Dear Rakesh,

The futility of fighting legally against the employer who brought about forced resignation on you has been very pragmatically and succinctly presented by Mr. Umakanthan in his post .

I would like to add below

IN an executive career , such eventualities are inevitable and one must always have an viable alternative on hand as a provident measure and a pro active action plan .

Under the circumstance, you need to be cool and composed and think practically despite mental agony .

Since you have already submitted a resignation under force and got yourself relieved.

You ought to have followed the below mentioned steps while writing and submitting resignation :

......State when you will end your employment

.......Explain why the company forced you to resign

......Share your point of view

.......Include your unfinished tasks

.......List what the company still owes you

......Be professional and civil

This way of writing a resignation should keep you in good stead,

You will be demonstrating a positive disposition , duty consciousness and moral responsibility even at trying situation , impressing the otherwise an unreasonable employer

You will get a nice relieving letter which will be useful to look for a fresh avenue.

Who knows you may be recalled by the erstwhile employer at an opportune time as the world is small

Please start looking for a fresh avenue than thinking on unproductive things .

All the best

Panchsen

P.Senthilkumar



9884009193

From India, Chennai
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