Wrongfully Forced to Resign: What Are My Legal Rights and Next Steps?

Surendra Pathak, son of Shri M.D. Pathak, was working with Hotel The Residency Bhopal as a Front Office Manager since 23/11/2009. With utmost sincerity and dedication, I was terminated from the job on 28/2/2014 illegally, without any notice and without any appropriate reason. The reason given was that I was not getting along with the other staff. When asked for the termination letter, I was threatened by the Director and the General Manager that I would not receive anything in writing. They warned that if I forced the issue or took legal action, they would make different allegations against me. They even threatened to involve a female staff member, falsely claiming that she was mistreated by me.

I was coerced into submitting my resignation and completing the no-dues process, which I did under duress. I have a mobile recording of the incident where I was instructed to submit the papers.

Please guide me on my legal rights in this matter.

Regards,
Surendra Pathak

As per your situation, you have submitted a resignation on your own. Therefore, you may need to challenge the resignation itself, claiming that it was done under duress. If you have all conversations recorded by video with an audit trail, your case may become stronger.

For further clarification, please consult with an advocate.

Regards,
Tushar Swar

Based on my experience, before proceeding with any justification, you should first report this matter to the Labor Commissioner's Office of your jurisdiction with a written petition detailing all the facts of the case along with any available evidence. Additionally, please provide your appraisals as a second witness regarding your past performance and behavior. I hope that your past appraisals were clear, and there were no instances where your behavior was criticized or you were advised for improvement.

You may also seek assistance from the HR Commission for further clarification.

Best Regards

Dear Mr. Sharma,

Thanks a lot for sharing your experiences. I have sent a legal notice to them through my advocate, and they have replied that I left the job voluntarily since I submitted the resignation. Now, I have to challenge this claim and prove that it was taken under duress. I am gathering evidence for further proceedings. Please advise on what proof will be helpful in the upcoming steps.

Regards,
Surendra Pathak