Facing Job Loss Due to Legal Troubles: Should My Brother Resign or Fight It Legally?

My brother is a B.Tech. computer fresher working as a Quality Engineer for the past 2 months in a Pvt. Ltd. telecom company. Two weeks back, his name came up in a case of impersonation in a Government job exam. He is currently out on bail, and an FIR has been registered against him under sections 34/419/420 IPC. Due to this situation, he has been absent from the office for 10 days, citing illness when informing the company.

Somehow, the company became aware of the police case, and yesterday his manager asked him to resign. Now, the dilemma is whether my brother should resign or pursue the legal route. Are there any legal options available in this scenario, and what would be the process for that?

Legal Path Considerations

Your brother is involved in a case of fraud and has been named in an FIR. That itself is grounds for the company to terminate him after conducting an internal inquiry, which is independent of and not dependent on the findings of a court following the FIR.

So, how do you plan to follow a legal path? Your brother will probably be better off resigning; at least his career records will be clean. In case of termination, the new employer will want to know why he was terminated.