Employer Pressuring You to Resign Over the Phone: Should You Stay Silent or Demand Answers?

Dear Sir/Madam,

My employer is pressuring me to resign over the phone. Do I need to resign, keep mum, or ask them to furnish charges against me? Please advise.

Ramu

Hi,

The method of pressurizing to resign on cell even otherwise is not appropriate. However, why is your employer pressurizing you to resign? Is there any issue with your performance or discipline? Is the business not doing well?

Also, kindly clarify what kind of company you are working for and in what category you are employed. Only with the above information can a definite suggestion be given.

Kind regards,
Dayanand

Dear Sir,

I work in the financial services sector in Cochin. I am the Operations Head and have been working in this company for the past 16 years without any break. I have been instrumental in the development of other business verticals as a support function. There is no issue with my performance, discipline, and the business is doing well. I have dedicated a significant part of the past 16 years to the company's growth.

Furthermore, there is a group next to the CEO that manages the branches, and they seem to be against me for reasons known to them. I understand that they have submitted negative reports about me to the CEO. Please provide guidance on whether I should submit my resignation or ask them to issue a termination letter and pursue legal action. I am also aware that they may intend to transfer me to prevent potential legal action.

Please advise.

Hi,

Going by your email, I consider you to be working in a senior management position. As such, there would be no protection under the Industrial Disputes Act, though you may initially file a case. But keeping your 16 years of unblemished service record in mind, you can definitely ask them in writing the reasons why you are being insisted to resign. Asking them to issue a termination letter is not advised, as this would definitely have a negative effect on your future employment prospects. I would also advise you to have a one-on-one meeting with the CEO and have a candid conversation explaining your stance and requesting a chance to respond to any negative reports against you. If these steps do not work out, then request a decent way of separation with sufficient notice time to secure a new job and move on.

Kind regards,

Dayanand L Guddin

Dear Sir,

Today, there was an email from HRD asking me to submit my resignation and relieving me on 31st August. Furthermore, they informed me that another month's salary will be paid as a part of separation. I had insisted on reasons for the submission of resignation, and they informed me that it was due to total support to staff and performance, to which I replied as not acceptable. They failed to divulge further.

Please advise, do I need to submit the resignation on my own or take legal recourse.

Regards,
Ramachandran M

I finally quit on August 31st, 2010, and sent my final settlement papers. Yesterday, they were received at my ex-employer's branch, and the CEO asked my former HR to send it back and stop payment on the grounds that I am taking people from the company.

Please advise whether they can stop my final settlement and if any legal remedies are available if they do so. I tried to talk to the CEO but couldn't reach him online. I sent an SMS, and he replied that he will call on Monday. As of today, I have not hired any resources from my former company, though I have started on my own.

Please guide me accordingly.

Regards,
Ramachandran

Your CEO doesn't have the right to hold your final settlement. You can seek help from an adjudication body to recover your final settlement and separation allowance from your employer. For your reference, I am quoting this clause:

33C. Recovery of Money Due from an Employer

(1) Where any money is due to a workman from an employer under a settlement or an award or under the provisions of Chapter VA or Chapter VB, the workman himself or any other person authorized by him in writing in this behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate Government for the recovery of the money due to him. If the appropriate Government is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector, who shall proceed to recover the same in the same manner as an arrear of land revenue:

Provided that every such application shall be made within one year from the date on which the money became due to the workman from the employer.

If you have any doubts, please ask me.

Regards,
Ravi Kumar Gowda

Dear Sir/Madam, I finally quit on August 31st, 2010, and sent my final settlement papers. Yesterday, they were received at my ex-employer's branch, and the CEO has asked my ex-HR to send it back and stop payment on the grounds that I am taking people from the company.

Please advise if they can stop my final settlement and if any legal remedy is available if they do so. I tried to talk to the CEO but couldn't reach him online. I sent an SMS, and he replied that he will call on Monday. As of today, I haven't hired any resources from the earlier company, though I have started on my own.

Please guide me.

Regards,
Ramachandran

Dear Sir,

Thank you for the advice. Furthermore, the CEO of my former employer called me yesterday at 6:30 pm on my mobile and provided the following information:

1. He refuses to pay a single penny towards a settlement citing the following grounds and making baseless and frivolous allegations:
- Accusation of poaching his employees based on information from his Branch Coordination team.
- Allegation of spreading misinformation about his company to clients regarding employee departures.
- Threatening to use his power, influence, and contacts to ensure I do not secure a new assignment and hinder my job prospects.
- Mentioning that a branch coordination team official will be in Cochin, and I must meet them. Until it is proven that I do not interact with any past or present employees, he will withhold settlement payments, relieving letter, etc., potentially monitoring my movements until April 2011.
- Prohibiting me from raising complaints with anyone in the Corporate office or branch regarding this matter.

Despite my repeated emails, he has not provided anything in writing. Post my resignation, he had mentioned in an email that three months' severance pay would be disbursed immediately.

In response, I clarified that I have no intention of engaging with his staff, as I am pursuing a different business line. I implored him to expedite my settlement release due to financial difficulties at home. However, he resorted to threats of dire consequences.

I am struggling mentally and lack peace of mind. Your guidance on how to navigate this situation would be greatly appreciated.

Seeking Legal Recourse

Hi, your CEO does not have the right to withhold your final settlement. You can seek help from an adjudication body to recover your final settlement and separation allowance from your employer. Referencing Clause 33C for your information:

"33C. Recovery of Money Due from an Employer - Where any money is due to a workman from an employer under a settlement, award, or Chapters VA/VB, the workman or an authorized representative can apply to the appropriate Government for recovery. If satisfied, the Government will issue a certificate to the Collector for recovery like an arrear of land revenue. Application deadline is one year from the due date."

Should you have any queries, feel free to ask.

Regards,
Ravi Kumar Gowda