Facing Unfair Dismissal: Should I Fight Back or Resign Quietly?

Respected Seniors,

I work with a reputed financial company, a company known for being an employee-oriented with a strong code and culture. I am an HR professional with this company for more than a year now.

I had some altercations with my Reporting Manager in the past for which I verbally apologized as I know "Boss is always Right." I was threatened for spoiling my appraisal at times and was told that I could be given a memo and terminated for this. I kept quiet at that time and endured all the criticism.

The Reporting Manager has convinced all senior management people that my performance is not up to par and my behavior is rude, which is not true at all.

Now I am being asked to leave the company. I am asked to submit my resignation letter with a back-dated effect. I was shocked when I heard this. I don't have a job in hand and am totally upset.

I had a word with a few of my good friends and mentors, and they advised me to resign and move on. If I have the time and energy, I should fight back.

Please guide me on what to do in this situation as I am facing this sad situation in life for the first time.

Dear Snehlata,

I would rather suggest you to leave that company and search for a better opportunity. If you really have the talent with you, then you will get a job of your kind. Don't take the negativity every day. We HR professionals sometimes have to be assertive. You can't really stay at a place where people don't appreciate you and where you won't be valued for your work. Instead of wasting your valuable time fighting with the management, you can use that time to find a job that suits you.

All the best.

Wishes,
Kiran :-P

Dear Kiran,

Thank you for the suggestion. You know, all the days I have kept quiet and taken all the rubbish. Now, even if I leave without saying a word, people (my colleagues and team members) would think that I was at fault. R.M. will prove that I was asked to resign instead of getting terminated. I have worked with dignity and respect and never in my dreams thought of such an unfortunate situation. I have never committed fraud or crime and I always wanted to resign when I wanted to, as per my own decision. Even if I walk out without uttering a word, I will have a guilt feeling of keeping quiet. Please suggest.

Dear Snehlata,

It is really pathetic to work in this kind of work environment. You should definitely submit your resignation letter, but in your own terms and under circumstances you have experienced.

When drafting the letter, ensure it is dated on the current date and not backdated. In the letter, specify the grounds for resignation, particularly focusing on the unprofessionalism and negative environment prevalent in the department.

Additionally, request the notice period from the company for a smooth transition. If the employer decides to terminate your employment, ensure that either a prior notice or salary in lieu is provided.

Ask for a specific timeframe during which you can search for alternative employment opportunities.

Lastly, include a grievance letter from your end addressing the challenges you have faced and the favoritism that may exist within the company.

Thank you.

Dear Poonam,

Thank you so much for your suggestion. Attaching a grievance letter and asking for a time period is not going to help as R.M is hard-pressed to take personal revenge and hence asked for a back-dated resignation. I was even told that my notice period will be waived off by Head HR, which was again a horror to me.

I know that this is not the right time to search/hunt for a job when most of the companies are going through layoffs.

I am going through mental agony and pressure these days, and there is no one whom I can trust and have faith in.

Please advise as this is an SOS situation.

Respected Seniors,

Please help me with your guidance and suggestions. This is a Save our Soul situation for me.

Dear Snehalata,

In our case, the management needs to follow the process of disciplinary action and should have held a Domestic Enquiry to adhere to the principles of natural justice.

In your case, you may exercise your fundamental rights and approach the top personnel in the management by issuing a "SHOW CAUSE NOTICE" to them regarding your situation and addressing your grievance as "Harassment."

You are already fighting a lost battle….choices with u are very limited…Its always wise not to fight with your boss when u know u can never win as he can spoil your career with the powers vested him by the company..even I am a victim of the same…hence I immediately made a make-shift arrangement for myself and left the company… as of now I am not working in HR but as an EA and trying hard pressed to get back into HR ..my suggestion would be pls safeguard yourself first ..buy sometime for the notice period ask them you are interested to serve the notice period rather than leaving and this would help you to find a suitable opportunity for yourself and move on...Its said that if you want to live in the jungle never maintain enmity with the Lion or If you are in the sea always befriend the crocodile ..

First, understand that you have no recourse at this stage. If you committed any argument for which you feel sorry, accept your guilt. If management expresses that this is retaliation for that event, challenge it by requesting the grounds for termination in writing and consider taking legal action.

If you do not, you are going to be victimized. Even if you quietly accept, you will still be victimized. However, it is important to teach a lesson that it is not acceptable for anyone to harm an employee and act unjustly. This is a matter of principle.

Although it may not be good for your image because the market does not appreciate HR confronting a former organization, it is essential to stand up for what is right. Once you are out of a job and searching for a new one, those involved will understand the consequences of their actions towards you. They will realize that it is costly to mistreat an employee.

Hi Snehalatha,

I would like you to resign, as simple as that. Even if you start working again, your RM will not leave you in peace. It will undoubtedly spoil your future. Don't waste time.

Cool

Ravi

Hi Snehlata,

Don't submit a backdated resignation, but resign now. You might be aware that when terminating the services of any employee, either of the parties (employer, employee) has to give notice of 2/3 months or payment in lieu of the notice period. So, I suggest not submitting a backdated resignation, but instead, go in detail through your appointment letter and the relevant clause. Fight for the payment in lieu of the notice period. That will ensure a respectable exit.

Girish

Sneha,

I have read all the comments in the thread and am back again with my opinion. I believe you should leave the company without any hesitation. Don't create a mess now. I know it's not your mistake, but still, keeping your career in mind, you should step down. I think this is not going to hurt your ego because, as per my understanding, you are leaving a company that is not worth working with, and you are also leaving behind an RM who is not worth being a leader.

Don't take this to heart because, to my knowledge, most of the employees in your organization know about you, your nature, and who the real culprit is. Still, if people talk behind your back, then we should not care about them... go on with your life.

Instead of dwelling on what has happened, if you could focus on what can be done, it will help you a lot.

"Hathi ko dek kar kuthey bokthey hai" - keep this in mind. Don't care about what people say behind you. Live a king-size life. Then you will come to know what you can do.

Try hard to get a better job. I hope you will get one soon. My good wishes are with you. :)

Cheers,
Kiran

Dear Snehalata,

Hi, be diplomatic. HR professionals are the individuals who understand the business and work towards the objectives with the right talent and talent acquisition. So, don't give any apology or resignation letters. You are in a battle, be brave to face the challenges. Show the management the right path on how to handle the right employees. If they ask you to provide a backdated letter, it shows their lack of courage. Therefore, utilize these opportunities wisely and do not exceed your patience. Meanwhile, search for a good job. If anyone claims it's their experience, it may involve unsuccessful things only. Remember, you are gaining experience, so do not get frustrated.

Take a moral lesson. In a running race, the winner may appear unkempt because they focus on the finish line rather than their appearance. If they were to slow down to maintain their hairstyle, they might not be noticed. Despite looking disheveled, the winner's victory overshadows their appearance, earning them recognition. Be a winner and do not worry about what others might think. It may be challenging to accept, but once you see your success ahead of you, the satisfaction will heal your wounds. Do not let yourself become mentally distressed.

All the best... fight with energy.

Corrected by [Your Name]

Hey sneha,

I think by this time you might have resigned and started searching for a new job. Listen, Sneha, there is nothing in this world that you cannot achieve. Suppose for a while you fight with management, and management asks you to stay back, can you work with them? I mean the way you were working previously... no, right? Because you cannot adjust in the same way you used to. My best suggestion is don't worry about the job; I'm sure you will find a new opportunity within a few days. Just have faith in yourself & God and see.

Once you leave the organization, the management should feel they have lost the most valuable resource which does not have any backup. So, put down your papers and enjoy completely without any tension. Spend some time with your family. Once you are out of this story, I mean what all happened with you in the previous organization, good or bad, forget about everything.

Then start a new day with lots of energy and enthusiasm and get a new opportunity.

Regards :icon1:
Roma........
(if I can't do it, no one can do it)

Snehalata,

First of all, my support and best wishes for you in these tough times. What I suggest is for you to resign, but not with a backdated notice - put the current date. Also, on your last day in the office - during lunch break or free time when everyone is available, gather everyone around you, especially your HR department, and explain what happened to you and why you are leaving. Everyone should be informed about this situation.

Additionally, directly walk into your reporting manager's cabin and politely explain to him that due to his actions, your career and future have been affected. Let him know that you are resigning as per his instructions, but you have worked honestly, and even he knows that the reasons given (such as being rude, etc.) are not true. Ask him to reconsider before taking such actions in the future.

You should convey this with confidence and tact, expressing your feelings without being disrespectful. Submit your resignation letter without backdating it, as you find it challenging to be dishonest. Maintain your dignity and professionalism throughout and exit gracefully. There is no need to be overly polite or apologetic in dealing with such an unreasonable boss and environment.

Begin your job search promptly. I understand it may be challenging, but your self-respect is more important than anything else.

Best regards,
Abhilasha

Dear,

I had a similar situation 5 months back. If you are not going to put down your papers, they might sack you since your RM is very good.

To fight back is good, but it's not the correct time because you need someone's very strong backing (but the Manager had a word with senior management), so this is not going to help you.

Go and talk to the manager and let him know that you are willing to resign and would like to get your notice period waived off.

Give a post-dated resignation and please ensure that you don't pay anything to the company in lieu of your resignation (get in writing that your notice period is being waived off) but ensure that they don't take it in a negative way.

Then submit your resignation (get your relieving letter, check for the designation, years of service, and experience certificate) and try to close your PF with the current employer's signature. Take the form-13 (not sure).

Send a friendly email to everyone you are friendly with in the company. Please don't try to let everyone know the reason you are leaving. If in case they come to know, don't worry. God knows about you and you know about it. That's more than enough. You cannot be good to everyone, though you are good to all, none will acknowledge it. So don't give weightage to all; let your hi and byes continue.

Truly, the market is down. You need to toil for another 3 to 4 months to get into a good job. Try; there will be a way. It's certain.

Don't ever disclose the reason for your leaving in any interviews. Most of us do not accept these. If it happens to someone, try to prepare a good profile and meet companies and try your best. Don't lose heart. You will be good after some time. Tough times always come. Everyone has some issues. Don't worry.

All the very best in life.

Remember, this is not the end. Don't worry by looking at the market. Take this as a lesson and be good when you become an RM. Forgive and forget.

These are my suggestions. I hope everything goes well.

All the best. Think and take a decision.

Regards,
Priya

Dear Subramani, Shweta, Gagan, Badlooser, Girish, Kiran, Abhilasha, Vishakaguru, Ravidev, Roma, and Priyaranganathan,

Thank you for your precious time and advice.

I am a lady who has worked with respect and passion. I have many times faced personal attacks on my self-respect by the Head of HR without complaining. I cannot tolerate the reason given for leaving the company: a baseless claim of performance issues as justified by the Resource Manager, which I know is not the case.

I have witnessed the good and bad times of this company, seen its transition from 2500 to 4500+ employees across the country. I was there in the initial stages, contributing to setting up the office and manpower for different verticals.

It is difficult to accept that now, when the company has established its resources and offices, they no longer require my services.

I am feeling depressed and demotivated these days.

This company is known in the market for its culture and code of conduct, so why am I, being in HR, being asked to resign with backdated effect?

I do not have another job lined up and have not yet resigned.

I would appreciate your feedback on this matter.

Thank you.

Really sorry about your situation. Keep moving on in life. Move out of the organization, however big or reputed they may be. You may recall the saying, "When God closes one door, another one opens." In your case, I pray it should already be open. With best wishes, A. V. Ramanan :)

Dear All,

369 views and only 20 replies to the topic. I would really appreciate your suggestions and advice on this. Please guide me the right way.

Dear Snehalata,

I have gone through this thread. I thought I would skip as many have given you proper advice. But what made me halt and respond was your remark, "369 views and only 20 replies."

In one of your responses, you had also claimed that you have seen the organization's growth from 2000 employees to 4000 employees.

My advice:

Resign and keep moving.

But your requirement

You want someone to advise you to take the management to task. Even though you are not claiming that this is your requirement, you keep asking for advice, despite many advices as I have given here to resign and go.

There are only two actions that could be taken here:
1. Resign and keep moving.
2. Fight back with the company.

Why do you think that all 369 should have interest in you? Close to 8% of those who have viewed have given advice, which is good. But you want attention. You long for attention all the time.

If someone needs to give proper final advice, then we need all relevant information like the company's name, your complete details, what exactly happened, and so on. Please remember that all advice here is given based on only your version, and we support you blindly. You must always remember that there is another version to this, that is your boss's version.

Let me share... most people have undergone some problem or the other in their career.

Life is not full of roses; these roses have thorns too. Some have the skill of collecting these roses without getting hurt by these thorns, but many get hurt at times. You got hurt this time; take this as a lesson. You will never get hurt in your life if you could correct these errors.

Wishing you good luck, prosperity, and a great career.

Siva

Hi Snehalata,

I have read all the advice and found one thing very surprising that nobody has mentioned about the company's rights, that what action the company can take. You might feel a little hard, but this is the truth. Since all the companies have a written manual on 'code of ethics' and as confirmed by you, your boss has already convinced the senior management about your bad performance and rude behavior. In this case, the company can legally terminate you on grounds of unethical behavior and underperformance. Also, if the company feels that you can 'in any way' spoil the culture of the organization, the company has all the rights to terminate your services with immediate effect without giving any notice period. In your case, since the company has asked you to resign, you have the upper hand.

Market conditions are the worst, and it is really difficult to get another good job in a short span of time. What is happening to you is part and parcel of professional life. I suggest you have a meeting with any of the senior persons in your company and try to convince him that there are differences of opinion between you and your boss and ask for a change in another function and show your willingness to work with the same company.

Always talk good about the company and at the same time, by using any strategy, try to come to good terms with your existing boss.

Always, one can fight with one or more individuals but cannot fight with one function or organization.

Can you disclose which sector your company is in?

Regards,

Hi Sneha,

It's really hard to digest this kind of situation due to politics in the organization. Don't wait for anything. If a company wants to terminate their employees, then they go to any extent. Don't hurt your self-respect. You shouldn't feel guilty as it's not your mistake at all. Based on your talent, you should be getting jobs easily.

Right now, it's important that you have confidence in yourself, trust your talent, and have faith in God. I know it's easier to say all these things, but trust me, come out of it and move on.

All the best. God bless.

Would be glad to help you in any way.

Dear Snehlata,

Mr. Narayana Moorthy once said, "Don't love your company, love your job because you won't know when your company will stop loving you." So relax and analyze yourself and the situation you have gone through. Though it is stressful, it might give some insights. Never give backdated resignation. Ask for an explanation as to why you have been asked for a backdated resignation. Refer to your appointment order, terms, and conditions, and quote the same to HR. Don't feel guilty if you are not wrong. Speak with your colleagues and walk out with dignity.

Hi,

Nothing to worry. Don't give a resignation letter to your management. Let them terminate you if possible. Decide for yourself if you want to leave the company. Forget about regrets in the organization. Focus on your ability to do things for the future. Update your resume and search for a new position.

You should fight for your fundamental right. Speak to your top management and share your problem. If things don't work out, put in your resignation, ask for a notice period, or next month's salary (refer to your exit policy).

You have gone through the situation and know how it feels to be part of such a culture every day. Ultimately, you are responsible for your actions. Remember you have many years of a career in front of you. You will definitely meet the same people in the future. Also, companies will ask for reference checks. It's better not to burn bridges. The best approach is to have a heart-to-heart talk with your senior, explain what and why it happened, and listen to them. Let the misunderstanding be cleared up. People are biased, and sometimes prejudice takes precedence over fair treatment.

Explain what you have gone through and why you are upset. Even if nothing else, it will give you clarity on what went wrong. Ask specific questions: Do they really think it was a case of no return? What can you do to improve the situation or how to handle such things in the future? Also, inquire whether someone will give references for you.

I am sure that if presented correctly, your case would be heard empathetically, and you will get answers to the questions you have.

It may seem impossible, but you will grow into a more mature individual when you are over with it.

Dear User,

When signing the resignation letter and moving on, remember that the situation is not as dire as it may seem. You will find better opportunities and receive what is destined for you. I am confident that it will turn out to be great for you. Avoid signing a backdated resignation under any circumstance. You never know how it might be used against you by the new company.

Regarding any conflicts, it is unlikely to be beneficial based on what I gathered from your post. Instead, try persuading your manager not to sign a backdated resignation beyond that point. Explain that you are willing to resign, but not on a backdated basis, as it is advantageous for both parties.

Don't worry; you will encounter numerous opportunities. Just take the plunge, and you will reach the shore successfully.

Best regards

Hi Snehlata,

Do not submit your backdated resignation. You should resign as per the policy, i.e., by giving a notice period. During that notice period, search for another job. Typically, one month is the notice period to be given, which is quite sufficient for you to secure a new assignment. Convince your boss that you are resigning by giving the notice period. Leaving your current organization is crucial as staying may harm your career.

Regards,
Nimish Joshi

Hello friend,

There are excellent feedback given by the forum, the best from Priya and T. Sivakaran. Please follow them. Also, note that there is no way you can fight with a company and get your due rewards/job. It's better to resign in a proper manner and try for some good job elsewhere. It's easy to pick a fight and spoil your name. It's very difficult to gain a good name. Think it over... All the best.

Kavi

Dear Snehlatha,

As other respective members have advised you, I also feel it will be wise to resign. You can fight and take action, but then it will take a lot of time and money that might turn out to be futile later. You can learn from such experiences, analyze what went wrong, and just move on. Maybe the company is not worth it.

So cheer up and take a stand :)

Regds, Vyakhya

Dear Snehalath,

I feel it's better to resign and move out of such a place where your RM is not being fair to you. If they are intentionally doing this, then there's no point in explaining your feelings/emotions to them. I have gone through a similar phase; luckily, I quit before it could go to this level. My Supervisor used to treat everyone like a piece of shit, had no respect for anyone. I quit without any other job in hand. It was the most depressing period in my life. After you give your resignation, speak to your senior managers just to clarify and clear your name in case you think you were right in reacting like that to your RM. Just believe in one thing: what goes around comes around. It will definitely affect your RM sooner or later. Nothing is worth spoiling your health and self-respect.

Take care,

PA

Hi Snehlata,

I think if it's them who want you to leave, then you should leave on your terms, not theirs. Tell them they should pay you in advance for the notice period, give you a relieving letter, and a favorable recommendation letter, which will help you in finding another job.

Please do mention in your resignation that you have been asked to leave. Do not give them a backdated letter because they are trying not to pay you in lieu of the notice period. If they refuse to accept a current resignation letter, you can ask them to terminate your services. Termination, as you well know, is a very expensive proposition for the company. So, in all probability, they will comply with your demands.

Make sure that you make an impression that you are not going to take this lying down and that you will fight back if required.

A simple resignation will weaken your situation, and your employers may adjust all your dues against notice pay and pay you nothing. During the recession, it is important that you protect yourself financially for the next two to three months.

Take care,

All the best,

Swati

Hi Snehalatha,

Wherever you go, you may need to face these sorts of problems from your immediate manager unless the person has good ethics.

1) Don't put in the backdated resignation.
2) Fight for your notice pay.

It's better to look for a new job. You should also assess the situation because you need to have a good picture in your present company so that in the future, if any reference check goes to your present company, they should not give a wrong feedback. Sometimes, managers will be insecure when the team member seems to be genuine and talented.

Ravin
Recruitment Lead

So, keep all this in mind and proceed accordingly, which will really help your future career.

Thank you, Subramani, Shweta, Gagan, Badlooser, Girish, Kiran, Abhilasha, Vishakaguru, Ravidev, Roma, and Priyaranganathan for your precious time and advice.

I am a lady who has worked with respect and passion. Many times, I have endured personal attacks on my self-respect by the Head of HR without complaining. I cannot tolerate the baseless reason for leaving the company, which the Regional Manager has cited as a performance issue, a justification I know is not the case.

I have witnessed the good and bad times of this company, observed its growth from 2500 to 4500+ employees across the country. I was there in the company's early stages, contributing to setting up offices and manpower for different verticals. It is challenging to accept that now, when the company has established its resources and offices, they no longer require my services. I am feeling depressed and demotivated these days.

This company is renowned in the market for its culture and code of conduct, so why, as an HR professional, am I being asked to resign with immediate effect? I do not have another job lined up and have not resigned yet. I would appreciate your feedback on this situation.

Hi, This is great on your part. I request you to go through my suggestion as well and let me know what you think about it. Thanks, and all the very best to you for your future endeavors.

Manish (Bactro)

Hi,

I was in a similar situation and have handed in my resignation. Make sure to submit your resignation letter without backdating it, and if they request you to resign, they should compensate you with a month's salary.

Please refer to your employee handbook; I am confident that there is a specified notice period. In the event of termination, they are obligated to provide one month's salary, and they should issue you a relieving letter a month after your resignation.

Dear Snehalata,

I think it doesn't make any sense to work there anymore. It cannot sharpen your skills as your boss will not let you take any initiative, neither will he trust or appreciate the work done by you.

I would suggest you resign and ask them to let you serve the notice period. In case they don't let you do so, just leave at once.

Regards,
Kopal

Dear Snehlata,

I would like to tell you one thing that in this era of cut-throat competition, of course, it is very difficult to get a desirable job, but not impossible. So, it is better to search for a new job and live with esteem. If you really have the talent, then you will get a job of your kind.

Don't take the negativity every day; we HR professionals sometimes have to be assertive. You can't stay in a place where people don't appreciate you and where you won't be valued for your work.

Instead of wasting your valuable time fighting with the management, you could use that time to secure a job for yourself.

All the best.

Wishes, Jitendra :-P

I would suggest you resign with the current date and look for new opportunities. There is no point wasting your time in that stupid place without work.

Hi Sneha,

You are saying that 369 people have seen your post and only 20 people have replied. If you look at these 20 replies, all are suggesting you resign. There is only an argument about post-dated or pre-dated. Forget about what people are saying. Tell me what you are thinking. You must have also thought of something. You will not do whatever 369 people say. All these will help you make a decision. You need to be strong. By this time, you should have posted what you did or what you are going to do. Now, you cannot expect everyone who sees your post to reply. Like you, they may not have an answer either. But now, I want an answer from you. Forget what I am saying, or your family, or what others are saying. Tell me what your heart and mind are saying to you. I don't want to hurt you, but just take this in a positive note. I'm sure this will help you make a correct decision with which you will be happy in the end without blaming anyone.

Regards,
Roma :)

"If I can't do it, no one can do it."

Dear,

If you buckle down this time, you may face the same situation with your next employer and so on, as your attitude is straightforward. Send an email to your CEO referring to the pressure tactics and the harassment that you are facing. They will come around, definitely. What is discussed in a conversation cannot always be pursued in writing or legally. Many bosses are good at being bullies, but on paper, they will become lambs ready for slaughter.

With regards,

V. Sounder Rajan

Email: rajanassociates@eth.net

Hi Sulakshna,

I was going through all posts on this thread. Just a correction in what you wanted to say, if you are taking it in the right spirit... It is called PRINCIPLES OF NATURAL JUSTICE and not FUNDAMENTAL RIGHT. Fundamental Right is provided in the Constitution. What exactly you wanted to communicate was referred to as PRINCIPLES OF NATURAL JUSTICE. Thanks.

Siva

Respected Seniors and all you good people,

I am really happy to see loads of suggestions on this citeHR for my problem. Sincerely speaking, "I don't want to continue with this place where there is no respect for a team member and politics around."

I know I will come across these kinds of personalities and situations in the future also. I have learned how to handle this, though I learned it the hard way. I am all ready to move out and search for a job. I will resign only with a current-dated resignation.

Request your prayers and wishes for my new assignments as my job hunt is ongoing.

Hey Sneha,

I am happy and also respect your decision. I know it's very difficult to make a decision in this situation. I think you have some other good opportunities waiting for you!

All the best.

I find a lot of advice from many HR professionals to be more focused on avoiding the issue rather than providing troubleshooting ideas to help individuals combat injustice. It puzzles me to see that if the custodians of Human Resources continue to use such timid language, instances of injustice will persist unchecked. This is because HR personnel, who are supposed to monitor such unethical activities, are also employees themselves, and their primary role is not always to protect the victim.

Recalling the old story of "Who will bell the Cat," the advice seems to be not to take action, but someone still managed to safeguard others from becoming prey.

I would suggest fight back. Dont Leave Now. Have faith in GOD. He has planned better for you. Just stay and fight and prove them wrong. alternatively search for jobs. if you get a good oppurtunity leave your present company