Resigned but Facing Termination: Can My Employer Still Take Action Against Me?

I handed in my immediate and irrevocable resignation two days prior to the effective date. My manager received and signed my resignation letter but mentioned that they would file an abandonment of work case against me. I didn't report for work anymore, and later that day, they sent me a notice to explain within 24 hours and a notice to attend after two days regarding a case I wasn't aware I was involved in. They said they needed to clarify this with me as part of the investigation. I chose not to respond or attend the proceedings.

Questions Regarding Resignation and Termination

First question, will my resignation hold since my manager received and signed it? Second question, do they have the right to terminate me even if I have already resigned? Will I be held liable for not attending the proceedings since I chose not to? Technically, when I received the notice, I was still employed as my effective date would be the next day. However, since I resigned the next day, I chose not to attend or respond to the notice. This is my understanding of the situation.

Understanding Resignation and Termination

One cannot terminate you if your resignation has already been accepted. May I ask what prompted you to take such action? We need to understand why an inquiry was raised rather than focusing on retention.

Regards

Immediate Resignation and Investigation

The reason behind my immediate resignation is my employment with another company. I also have some tasks to finish. I wasn't informed before my resignation that I am one of the staff being investigated for fraud. Apparently, there were some POS transactions made under my password and during my shift, where customers' card information was obtained for use in other establishments they did not authorize. That's what the notice said.

In that case, I wonder why your resignation was accepted in the first place. I have a feeling you might need to see how this plays out since frauds such as these override most other considerations.

When I handed in my resignation, I gave two copies. She said that she wouldn't approve it, but she would receive it and affix her signature. So technically, since she represents the management team of the company as she is my immediate boss and branch manager, then my resignation will hold or is already accepted.

Please speak to a lawyer at your earliest convenience. If they are engaging in fraudulent activities and scamming you, you need to know your rights. What are the probable charges that they can bring against you? How would you counter those charges? What are your bases for pleading not guilty?

Please discuss with your new employer the documents they will need. This case may not affect your employment, but you need to act quickly.

Resignation and Its Implications

Resignation marks the end of employment. Once they have accepted your resignation, it cannot go beyond that. However, them bringing charges against you might take the case in a new direction.

Wishing you all the best.

Understanding Resignation vs. Acceptance

Receiving a resignation is not the same as accepting it. Please take (Cite Contribution)'s advice seriously. All the best.

If I read the above correctly, the resignation was received but not accepted. The concerned manager signed the letter to acknowledge receipt of the same. She has already communicated that it is not accepted and that short notice will not be accepted. Further, this is a case of fraud on a POS system involving apparently fraudulent transactions with a customer's credit card. Resigning a day before the start of the investigation and refusing to attend the inquiry on a flimsy ground looks very suspicious. I would not be surprised if the company terminates him and files a criminal complaint for fraud. It is very likely to affect his new employment. The HR of the old company has no reason to keep quiet when the verification call takes place.

They gave me a notice to explain right after I had tendered my resignation. I didn't know that they were investigating me in the first place. If the case were the other way around, then I wouldn't be asking any questions. The resignation came first before I even knew anything about the investigation. My letter was addressed to the manager who "received" it, which I think signifies acceptance as she is my immediate boss and represents the management of the company. She may have made a mistake signing it, but as far as I know, affixing your signature to a document signifies "acceptance" or validation.

Regarding the filing of a criminal case, I know they could, but I am just taking things one step at a time. Actually, it was my lawyer who advised me not to attend the proceedings since, in his interpretation and understanding, I am a resigned employee. If they were to file a criminal case, I don't know; it is beyond my control. For the moment, my concern is for them not to terminate me. Thanks for your input, though, I appreciate it.

With reference to your posts, here is my understanding and advice on the same...

Resignation and Its Acceptance

Firstly, as said by Saswata sir, your resignation was just received and not accepted, which you confirm in your later post, which I quote as follows:

So technically, you submitted your resignation to the concerned person with your intended last working day. But it has not been accepted or processed for whatever reasons.

Case Investigation and Your Response

Secondly, when they called you to discuss a case, you chose not to go and discuss. What is the reason for this? You mentioned the case as follows:

Don't you think this is a serious matter to be discussed? It's a different thing that you're resigning from the company, but do you want the company to mark you as fraudulent and share the same remarks with anyone who approaches them for your BGV?

Are you aware that if you stop going to the office and do not attend the inquiry sessions, after giving you a couple of warnings, they can write about this in local newspapers and label you as guilty for whatever happened?

I just wish to say one thing, if you're not guilty in the act, why don't you wish to go and seek clarification and find out who is the mastermind behind this and trying to frame you?

To be honest, if you look at the scene as a third person, all this is just raising an alarm that you're trying to run away from the situation. And this is not working in your favor.

Advice on Next Steps

The very first thing is your resignation coincided with the investigating period. You might not be aware as they never communicated it with you, but what they'd think is you are suspecting an inquiry in the near future and hence wish to have a peaceful resignation before things get scaled up.

At the bottom line, I think you should at least try to go and meet the management and address their concerns. If you wish, you can take a lawyer who can help you out if you are not guilty of the act.

Regards.

When you are not at fault, why are you afraid of meeting the management? My point is, when something happens without your knowledge or involvement, you are not held responsible. During the course of the investigation, all relevant transaction logs are examined, including the details of the computer logs used by the users in fraudulent transactions, etc. The real culprit emerges after the investigation. Till then, as advised by (Cite Contribution) and Ankita, please cooperate with your ex-management so that you do not create a hostile environment around you that is detrimental to your own interests and your future employment.

With regards,
Madhusudan

We begin with the premise that you have been framed since you resigned.

Points to Consider

- How many ways might your employer press charges against you? The scam must have been ongoing while you were working as an employee.

- If you saw malpractices, why didn't you raise an alarm? If you were unaware of them until the charges were filed, you need to prove your innocence.

- Any information or its misrepresentation that came from your office needs to be investigated. Given the fact that you are no longer with the firm and they possess the data, what sources do you have left regarding the transactions? Proving your innocence is the lawyer's job; provide all the information you have and consider all possibilities.

Considerations for New Employment

- If you are being hired for a senior role in a new firm, can you confide in the new employer? How thoroughly will they be able to verify the information you provide?

I am only concerned about this case; I am certain you will succeed in your career. Also, check for provisions for anticipatory bail in criminal/fraudulent cases.

Regards.

I don't think he can take anticipatory bail, which sends a wrong message to his prospective employer as if he is involved in fraud. It would be better if his lawyer is by his side when he communicates with his ex-management.

With regards,
Madhusudan

In any country, the law related to acceptance is the same. Even in your country, receiving the resignation would not necessarily mean that it has been accepted. Additionally, not attending the inquiry in the case of any fraud related to your employment terms could indicate that you have left the service to evade the consequences of the act. Moreover, this situation may escalate into a criminal one, especially since it is linked to card fraud.

My advice to you would be to attend the inquiry, defend yourself, and not allow it to proceed ex parte against you. In such a scenario, they may file a police complaint against you for committing fraud.

If you are considering a change in your career, it is best to provide proper notice as it helps maintain your reputation and ensures a peaceful transition with your previous employer.

Regards.

You say you got to know of the investigation one day after you resigned, and your lawyer asked you not to attend. That means you were actually aware of the investigation and your possible (or definite) implication in the case. Why else would a lawyer ask you not to attend an inquiry? An inquiry could also have been initiated, say, a month after you left. The company is right in asking you to come, attend, and explain. They can't harass or call repeatedly, but refusing to attend even once shows things in a very bad light.

Incidentally, as Ankita noted, signing a letter indicates "Received." For it to be accepted, it needs to be written as such on the letter. Further, I am quite sure they would have a letter in the file stating that you are required to serve the full notice pay. So, no, your resignation is not accepted.

I found out about the investigation when I received their letter prompting me to consult a lawyer on what to do. You are probably correct that I made a mistake not attending the preliminary investigation. About the resignation, thank you because it is really the main reason why I'm asking about all this.

I am a little confused. Have you already consulted a lawyer, or are you intending to consult one now? There are two conflicting quotes from you in this regard.

There are contradictory statements where sometimes it is quoted that the querist is intending to consult a lawyer, and in another quote, it is mentioned that the lawyer has asked the querist not to attend the investigation after resignation.

First of all, this is a case that appears to be related to events that have taken place in the Philippines. Most of us may not be aware of the labor laws and practices prevailing in that country. Therefore, whatever is being said and suggested is only subjective. In these circumstances, my opinions are as follows:

1. Merely handing over a letter of resignation suo-motu does not automatically mean acceptance of the resignation.
2. In cases of resignation, the terms must be considered alongside the conditions of appointment and the relevant rules and regulations governing their appointment, etc.
3. It seems that a situation has been imposed on this employee allegedly before his release following his resignation, and the potential innocence needs to be established.

Therefore, it would be advisable to seek trusted legal advice.

Resignation vs. Termination for Workmen

It is always prudent to accept the resignation rather than terminating if the employee is a workman.

Regards,
Varghese Mathew

This is a case under Philippine law, so we can't comment based on our laws. However, if the company, during an internal investigation, finds cases of fraud (especially since the employee did not bother to present his defense or appear to clarify matters), they would be justified in terminating even under Indian laws.

Dear Melziz,

Following is the extract from a site referring to Philippines labor laws about resignation, etc. (with or without prior notice):

What is Resignation Anyway?

As held in the case of Intertrod Maritime, Inc. v. NLRC, [1991], resignation is a voluntary act of the employee which is beyond the control of the employer. Once accepted by the employer, the employee loses his right to the job. The Labor Code also recognizes resignation in Article 285 (a) which states:

“An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.”

Similarly, when an employee has submitted a letter of resignation due to circumstances beyond his control, his dismissal was still deemed as constructive and therefore, illegal. This is due to the fact that the Supreme Court has held that constructive dismissal is “an involuntary resignation resorted to when continued employment is rendered impossible, unreasonable, or unlikely; when there is a demotion in rank and/or a diminution in pay; or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee.” (Escobin v. NLRC, GR No. 118159, April 15, 1998)

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ALSO READ A JUDGMENT OF S.C. OF THE PHILIPPINES REGARDING ABANDONMENT OF EMPLOYMENT AND SUBSEQUENT TERMINATION, ETC. IN THIS LINK>

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From the postings, I have no clue whether the mandatory one-month prior notice intimating your 'intention' of resignation was served or not, and whether or not you resumed duty subsequent to these developments. The worst that could happen, in this case, is that abstaining from resuming duty and attending the inquiry might result in an ex-parte conclusion of "dismissal without any benefits," which probably, under due legal advice, could be contested in your jurisdictional courts. Of course, they may also sue for compensation or so if found guilty of some crime for losses sustained by your employer. This is my presumption.

First of all, I agree with the above conversation. However, I have two questions for you. Do you have a copy of the resignation acceptance? Or have you sent an email confirming your resignation from [company name] effective from [date]? This is crucial. If yes, then they are considered from all angles.

Accountability After Resignation or Termination

It doesn't matter whether you have resigned or your termination is instructed. You are accountable for the activities you carried out during your employment. If you have committed fraud at your workplace, resignation will not allow you to escape accountability. You should and must face an inquiry and come out clean.

If your lawyer has suggested you not attend the inquiry, then you should first consider changing your lawyer. Discuss this issue with your family and close friends. It can get you into big trouble in the future if you fail to seek proper legal assistance.

Regards.