Forced Resignation Dilemma: How Can My Friend Reclaim His Job After a Hasty Exit?

My friend was working in an organization registered under Company Act Section 25 for the last 10 years. One day, while entering the office, his immediate boss forced him to submit his resignation and instructed him not to come to the office from the next day without stating any reason. My friend resigned on the same day. The next day, he received some Full and Final (F&F) calculation from the accounts department. However, his resignation was not officially acknowledged. After two days, my friend sent a letter to withdraw his resignation. Now they are saying that he has already been relieved, and the F&F settlement is complete, so they cannot consider his withdrawal request.

Please suggest what my friend should do now. This was a very good job, and he does not want to lose it.

Regards,
Md. Mazid

Dear Mr. Mazid, The company has the right to terminate an employee if they make any mistake against the company norms. Please inform us of the specific reasons for his termination. If the employee wishes to rejoin the company, he must provide a detailed explanation to the management for their consideration.

Regards,
Brinda

He was not informed of the reason for his forced resignation; he was not terminated.

Regards,
Mazid

Termination and Forced Resignation

A company has no right to terminate or force resignation unless there is a mistake or deviation by the employee. A mistake can be any deviation from the standard terms and conditions of employment, which needs to be notified to the employee in the form of a warning initially, later through an Internal Memo, and further concluded in a hearing.

In your friend's case, they have forced him to write a resignation letter, which is an initiation from his side and will prove to be 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 perhaps some evidence substantiating that the resignation was forced or threatened, and not of his own will.

Regards

As your friend has resigned and received his full and final settlement, he cannot withdraw the resignation. Can you please inform us about the method through which your friend received his full and final settlement, whether it was by hand, by registry, or any other means?

Thank you.

Regards,

[QUOTE=Anuj Trivedi;1858744] Dear Mr. Mohapatra, As your friend resigned and received full and final settlement, he cannot withdraw the resignation. Can you tell us how your friend received his full and final settlement, for example, by hand or by registry, etc.? Thanks!!

The resignation was forced by the organization, and he has not received the full and final settlement. Before that, he had sought for withdrawal.

Regards, Mazid

Many of those who are replying are from HR. Here, the question is: does the affected employee stand a chance to get reinstated in the company if they go to court?