Forced Resignation After Caring for Sick Parent: What Are My Legal Options?

I am an ex-employee of a multinational insurance company where I worked for four years (13 Aug 2009 to 01 Aug 2013). I was a permanent employee and had recently received a promotion. However, on 16 July 2013, my superior forced me and two other co-workers to resign because I had taken 40 days of leave in April and May 2013 for my father's treatment (he is battling prostate cancer). My superior claimed I was non-productive and gave us an early release date of 01 Aug 2013. I was given a day's notice, i.e., 16 Aug 2013.

On the same day, 01 Aug 2013, I met with my regional HR. She informed me that this action was against the company's policies and referred me to my supreme boss (the boss of my superior). However, he said he couldn't help me as it was my superior's initiative. On 12 Aug, I wrote an email to the upper management, up to the Chief HR. Subsequently, I received a call from my regional HR for a meeting on 20 Aug 2013. During this meeting with my regional HR and his boss (HR), I was told that retention was not possible as I was late.

My superior has a tendency to frequently force resignations. According to the company's policies, forced resignation is a violation. However, due to my superior's high designation, no action is being taken against him. Please advise me on what I can do. Is there any time limit for addressing this issue?

Regards.

Sir, it is agreed that you have lost a job, and it is a fact that you were on leave for your personal reasons. Now, it is suggested to have a better search for a new opening. Sir, instead of fighting for a dead case, it is better to spare this valuable time searching for something better than what you had. I hope the company where you have worked for 4 years has provided you with all the required leaving documents, and there is nothing pending from both sides. Though I may sound blunt, you will have to accept that it is a fact. You may have your financial requirements and commitments to meet. Moreover, your allegation is against a person whom people call BOSS. Why become worse in his books? Forget the past and focus on your future because the past is where you do not find anything new to grow or understand. Hence, this proposal.

Regards,
J Sri Ram

For the 40 days' leave that you took, had you informed the HR and concerned person beforehand? Were the leaves taken all of a sudden? If so, were the concerned authorities informed over phone, mail, or SMS? Do you have any proof of your leaves being authenticated? What is the leave policy of your company? What is the termination policy of your company? What makes you say that the super boss is a habitual seeker of forced resignation?

Dear Ankita, Thanks for your valuable reply. My leave was pre-approved by my boss and the same super boss. Initially, I asked for 15 days of leave, but when it required extension, I took permission over the phone. I don't have any proof for the authentication of my leave, but my regional HR has the same with her.

In the company, we have 28 days of privilege and 15 days of sick leave. I took 27.5 days of PL and 10 days of leave without pay. Termination and promotion are both based on the performance of the employees, and recently, i.e., 01 Jun 2013, I got a promotion by completing my earlier target.

My super boss had invented a new kind of management technique where he took resignation from employees and then gave a target. If the employee completes his target, the resignation will be rejected and vice versa. There are other managers, but none of them practice these things. In fact, two employees who had resigned forcefully had complained to HR, and their resignation was taken back after HR's intervention. However, the same HR rejected my appeal and said I was late and should have appealed before my relieving. After this incident, my super boss stopped those practices as it was against the company's policies.

Here I am pasting that mail which I had written to my chief HR.

Dear Sir/Madam,

I am writing this mail in the capacity of an Ex-Employee of XYZ Life Insurance Co. Ltd. When I go back to 13 Aug 2009, when I joined this company, I was totally unknown to the corporate world and its culture. Needless to say, during the last four years (up to 01 Aug 2013), I have learned many things from this company and received huge support from seniors and colleagues. I would like to express my sincere thanks to all my seniors and colleagues.

Sir, I know that life is full of ups and downs, and definitely, it is applicable to me also. But last December, i.e., Dec 2012, I received shocking news from my family (living in Bokaro, Jharkhand) that my father was caught by Prostate Cancer stage 2. It became a very painful situation for me, but somehow I was managing. But in Apr 2013, the doctor said that cancer is spreading and it is damaging the kidney as well, so it required immediate high-level treatment. I went back home for my father's treatment. It took almost 40 days. I am very grateful to my Boss (AM/BM) and super Boss (AVP) for approving all my leaves (27.5 days PL and 10 days LWP).

My goal sheet (Dec 2012 to May 2013) is there. Facing all ups and downs, I succeeded in completing my goal sheet. I joined back on 2nd June 2013, but I did not get any branch till the 13th of the month. Meanwhile, my reporting manager sent me to my regional HR to commit that I will not ask for further leave. We (My regional HR and I) discussed how I'll take my father to Delhi for further treatment and all. But suddenly, on 16 July 2013, without any prior warning, my super boss took my resignation forcefully with two other frontline managers and gave early relieving, i.e., 01/08/2013, as per him I was non-productive.

Sir, if I was not there, how was my productivity judged? Is it fair? I had completed my previous 6 months' goal sheet (01/12/2012 to 01/05/2013) in 3 months only and got promoted. PACE had updated with my new designation just two days before my relieving date. Getting a promotion is a big thing for an employee; it fills them with happiness and enthusiasm, but this was not for me there. All my hard work has gone in vain. I read somewhere that the company will be with its employee during the employee's hard time...???

The support of the company was very big for me as I was getting a big help in my father's treatment from the company's mediclaim, which is going to close. The last branch I was handling from 14 Jun 2013 is a very small branch. Sir, the branch was on zero pickup in Apr 2013, 2 pickups worth 80k in May 2013, even in June, up to the 14th, the branch was on only one pickup worth 50k. During my one month (14 June 2013 to 16 July 2013), I did 8 cases worth 3 Lac+ other 3 cases were waiting for funds which might be logged in the 1st week of August. I know it was not enough for my designation, but branch capability should also be considered during any judgment.

After my relieving (last 10 days), I appealed to every possible person/s here, but it did not work. Sir, every month we get mail/case study, quiz, etc., regarding HR policies of the company, which shows that the company maintains a high level of HR rules, regulations, and policies to protect employees' interests...?

Sir, I request you kindly reconsider the matter and, if possible, please give me a chance to serve the company.

Thanks and Regards, Amitabh Emp id:

Addressing Forced Resignation Concerns

You were forced to resign on 16th July and were relieved on 1st August. Why didn't you complain within the 15-day time frame while you were still in the office? In a way, your HR is right. You should have raised the concern while there was still time. Once you are relieved, how will your complaints matter?

Again, the other two people were asked to resign forcefully along with you. When they went and complained, why didn't you join them? If you were unaware of their plan, ideally, you should have raised a concern while still on the job. There's little that can be done now. Only if some experienced senior can share what can be done.

Regards

This is unprofessional and unethical behavior on the part of your employer, but it is too late. Therefore, it is advisable to look for an alternative job. If you have enough time and money to spare, you may consider filing a legal suit against the company.

While your case does seem to have a solid basis to argue with the company, the fact that you approached after getting relieved seems to have muddled up the issue with HR. However, I think there's something more to this than you mentioned (in all probability, you may not even be aware of it). If your HR really wants to reverse the injustice done to you, I am sure they can find ways to do it (like making you a fresh offer with the same terms as your last terms that ended on August 1).

What to Do Now

I suggest you take J Sri Ram's suggestion and get moving in your career and life. You need to figure out what is more important to you now: to fight back or find another job ASAP to support your family. You already have all the relieving and experience letters, I guess, that you will need to produce in the next job.

One advantage you will surely have over other candidates for whichever job you apply for is that you can join ASAP, while the others will surely have to serve their notice periods. Looking at it from a hiring company's perspective, this is surely a major plus in your favor.

All the best.

Regards,
TS