Feeling Pressured to Resign from My IT Job: What Are My Legal Rights and Options?

I have been working with an IT firm for the past 13 years. After one year, I became a permanent employee. Recently, I have been put into a freepool, and as there are currently no projects available, HR is asking me to resign. This communication has been verbal, with no written confirmation.

While in this freepool period, I am the only one actively searching for a project. The company has not made any efforts to find a project for me. Despite being in a managerial role, I am unsure of my legal position in this situation.

What Options Do I Have?

Can the company simply take advantage of the employees? They are not assisting me in securing a project, and now they have even restricted my access to search for projects on the internal portal. I suspect they are deliberately hindering my efforts to find a project.

I am currently looking for opportunities outside the company and am considering resigning. However, I am reluctant to do so without a concrete offer in hand. What choices do I have? If they threaten termination, are they legally allowed to do so? There have been no disciplinary issues on my part. I anticipate they may resort to psychological tactics, so I want to clarify my rights. The organization possesses extensive resources, but as an individual employee, I lack information and knowledge about the legal aspects.

Thank you from Pune.

Don't resign. Let the company terminate you because they have no projects.

Understanding Resignation and Termination

"Resignation" in legal terms means that you have "resigned on your own accord." Hence, companies won't be liable for any consequences thereafter, and in short, they want to be protected from all liability.

"Termination" can be challenged in a court of law. All aspects of termination will be looked into and appropriately awarded by the relevant court or Commissioner of Labor if you happen to contest the company's decision to terminate you without justifiable grounds or reasons.

Termination will help you if you feel you didn't get a good severance or compensation award from your company due to termination.

My Suggestion

"Don't resign."

Regards,
UKmitra

Dear Pankaj,

You are quite an old employee. Have you worked in the same company for 13 years? If yes, then what is your designation?

If the company has put you in the freepool, they are not helping you to get a project, and worse still, if they have blocked the project-search facility also, then all this shows that you have become persona non grata. These appear to be ploys to make you quit. I recommend you search for a job vigorously and leave the present company.

By the way, you need to do introspection as well. After 13 years, why has the situation come to such a pass? Why could you not make yourself indispensable? Why could you not consolidate your position? Did you master skills other than your technical skills?

Earlier, there was a discussion titled "Use and throw of knowledgeable employees by management." Please check the link to read my reply: [URL="https://www.citehr.com/456368-use-throw-knowledgeable-employees-management.html#post2043550"]

All the best!

Regards,
Dinesh V Divekar

Beware of false knowledge; it is more dangerous than ignorance.

@ UKMitra: Thanks for the reply and giving me the confidence to take on the management.

@Dinesh: I slightly disagree with you and am somewhat uncomfortable with management's thoughts on ways to make yourself "indispensable." Blocking the project search facility for fresh graduates or one-year junior employees who remain non-billable for certain days is concerning. If they can't predict how many projects they will get, why do they go to campuses and hire in large numbers? The biggest problem I have seen at the junior level is that it breaks their confidence. Anyways, this is a different topic.

I appreciate your reply, and those things are always in mind. Thanks.

@ Anyone else gone through this situation/handled it? It would be helpful to get a reply.

@ UKMitra: Thanks for the reply and giving me the confidence to take on management.

@Dinesh: I slightly disagree with you and am somehow not comfortable with the management's thoughts on ways to make yourself "indispensable." There are people who do this, and for me, most of them are political, trying to find ways to blame someone for which they have to be the owner. Anyways, I understand what you meant by "indispensable."

Challenges for Junior Employees

The blocking of the project search facility... they are even doing this for fresh graduates/one-year junior employees who remain non-billable for certain days. If they can't predict how many projects they will get, why do they go to campuses and hire in large numbers? The biggest problem I have seen at the junior level is that it breaks their confidence. Anyways, this is a different topic.

I appreciate your reply... and those things are always on my mind... Thanks.

Business Uncertainty and Fairness

Business can't be predicted; hence, they should be fair in dealing with downturns/pickup demands. People take the example of the US hire-fire policy, but I understand that people also get severance packages.

@ Anyone else gone through this situation/handled it... it would be helpful to get a reply.

Regards

Purely from the LEGAL Perspective, UKmitra is ABSOLUTELY right. However, I guess you also need to bear in mind the other perspectives BEFORE you decide your course of action.

The wordings Dinesh V Divekar used SEEM to have given you an impression that wasn't intended. What I THINK was being pointed out was this: usually, in such situations, there are always signals that emanate BEFORE things come over into the open. Having worked in this company for 13 years, you OUGHT to have noticed them. Having said that, it's also HUMAN NATURE to miss out on such signals totally even IF they are happening under your nose—mostly to do with complacency that gets derived from long association [be it in official matters or personal relationships]. Fortunately or unfortunately, the tendency to give 'benefit of doubt' is high in us humans, even when things are glaringly wrong.

Other Perspectives to Consider

Coming to the other perspectives you MAY need to consider in choosing the options open to you—at the end of the day, it's YOUR career & life. So any suggestion(s) given should be weighed FROM YOUR PERSPECTIVE before implementing it/them.

1. You mentioned "..........They will start playing the nerve game...........". You would need to decide IF you have the penchant AND, more importantly, the time & energy to handle such mind games AT THIS point in time. This would depend on your OTHER priorities & aspects—like financial, emotional support at home, family responsibilities, etc.—since handling mind games surely would be taxing.

2. Next would be YOUR FOCUS at this point in time. Are you OK with the situation festering for a long time—sort of 'who blinks first' & ensuring that YOU DON'T blink first? The chances of such a situation affecting one's interview performances would be high—though it varies from individual to individual on the scale of effect.

3. The third aspect relates to what you mentioned ".............as an organization they have huge resources.........". You haven't mentioned the size OR how well-known this company is. You will be the best judge of how the BCs will play out later on. Had it been a small company, then there could be ways to circumvent assuredly bad BCs when it comes to that.

Hope you get the point.

All the Best.

Regards,
TS

Thank you, TS. I agree with you. As mentioned in the first post, I am not interested in playing mind games. I will resign as soon as I get the new job. I am not interested in a severance package or anything. However, I won't give in to the pressure tactics.

I believe you have been given some thoughts to ponder from a self-perspective point of view. As for your query on options available:

a) Since you are in a managerial role, you will not be able to approach the labor court. However, you can seek remedy in civil court.

b) Your query on "Can they just take the employee for a ride" - well, a large company will always have enough documentation they would have collected to support their claims if they ever need to.

c) Yes, they can terminate - but always remember - you need to decide for yourself whether you wish to maintain self-respect in future opportunities. After all, reference checks are the norm, and a 'termination' on record may affect prospects. Or you can take it head-on, in which case you may wish to give a thought to the realities of life and work.

d) At the end of the day, one always has options available, depending on your age, responsibilities, and to do justice to a managerial role - if you need to leave; leave with your work profile intact. Maybe you can negotiate with them to give a two or three-month notice, during which they agree to provide you with paid leave for those 2/3 months and still give you an experience letter, an acceptance of resignation, etc.

My perspective is not to discourage you, but as the saying goes, "Pick your battles wisely." It's possible that you may find a better profile somewhere else. God bless!

Regards,
Deena Jagasia

I doubt if they have documents to prove anything. Since it's a huge organization, the left hand doesn't know what the right hand is doing. Moreover, because of its size, they are not able to manage people and are taking the easy route to reduce costs. If they have a significant cost associated with termination, then only will they be able to think rationally. As I said, they recruit in mass with no visibility of the project and then blame these people only if they don't get the project. But anyways, that is one perspective.

My interim appraisal comments are good. I myself am trying to get the project, etc.

>> Yes, they can terminate - but always remember - you need to decide for yourself whether you wish to maintain self-respect in future opportunities. After all, reference checks are the norm and a 'termination' in the record may affect prospects. Or you can take it head-on, in which case you may wish to give a thought to the realities of life and work.

This is where all the play is. The organization is creating fear in the mind and trying to reduce the cost. It doesn't have unions, and it's easy to isolate and target. Unions have ugly sides, but positive effects also. The same organization treats people in Europe differently because their laws are different.

Anyways, I got what you are trying to say. Thanks.

Decision-Making in Employment Challenges

If you have a car that is so expensive that you just cannot maintain it, you would probably dispose of it! It's not about the car, but about the owner!

You have worked well for 13 years. There is a problem in the market. Either resign and look for another job or get terminated.

Getting Terminated

When you truly do get terminated, the tendency of the new employer is to put the 'onus' on you. They will feel that something is 'wrong' with you. Of course, you may clarify, etc., and things can be worked out. But it has two additional aspects: (a) You didn't proactively work around the 'business' conditions by looking for a job at the appropriate time, and (b) You probably may not be able to get a good reference from the company where you worked.

Resigning

You have the situation under your control, and you might get a good job.

Remember, HR is tasked with 'cutting down the manpower,' and you are on their 'hit-list.' Moreover, because someone among your higher-ups thought that they might be better off without you (read: lower manpower costs, easily available skills, new strategies, etc.), they are asking you, and in a good way.

You can continue with your work and wait for a termination letter. Or, I would suggest the following:

1. Talk to HR and ask them how they might help you with your job quest. There are quite a few companies globally who do manpower reduction very professionally. When they reduce, they ensure that the employee gets a reasonable option. You might want to ask them that. I know that most Indian companies think differently, but it's worth a try.

2. Talk to your seniors and take their references and try to look for options. Usually, many are well-connected, and they could consider helping you.

3. Discuss with HR and negotiate a good favorable timeline. Get some time to help you with your search.

4. Try to enroll in some additional training programs before you are in the market. Usually, this helps candidates revalidate their skills and their market values.

And finally, if you prefer getting terminated, well, it's your choice. Lay-offs are not uncommon these days. They don't gel well with traditional thinking. All our answers are based on the 'traditional thinking.' Hence, take it in your stride, but have a solid game plan at this stage. If you don't have one, it's time to make one!

Regards,

I completely agree with Deena on the following statement. Yes, they can terminate, but always remember, you need to decide for yourself whether you wish to maintain self-respect in future opportunities. After all, reference checks are the norm, and a 'termination' in record may affect prospects. Or you can take it head-on, in which case you may wish to give a thought to the realities of life and work.

Anyone can refuse to resign and ask for termination if he intends to go to court, but at the end of the day, we are all worried about our future career and employability in the market. This makes the employer in an advantageous situation.

Regards,
Roshi

Let me share an example: A manager was asked to resign because of some hierarchy changes, and her contributions/services were not needed. Managers are supposed to give a two-month notice period here. So she left on the same day. The company gave her two months' salary and a relieving letter. I guess it was easy to search for a job in this case when you are at home (salary is anyways there for two months). Check for the same scenario. Accept the current situation. I'd say fighting is useless. Termination is even worse. It will leave a bad mark on your career. Search for a new job with a positive attitude, and I'm sure you'll get a better opportunity. Let me know if the suggestion helps.

All the best!

Regards,
Kanika Kapoor

Understanding Your Rights in Employment Termination

A company can't terminate you without just cause. They have threatened me, telling me they will put the last date or I will not get the experience letter, etc. I said go ahead, and I will fight till the end. Finally, nothing happened.

Putting this here because all kinds of suggestions keep coming. You should know your rights; they can't terminate you just because of non-billability. It is their job to provide you with billable work.