Forced Resignation During COVID: Can I Reclaim My Job or Seek Legal Action?

Forced Resignation and Legal Recourse

I'm Rakesh. I worked as an area manager with Travel Limited for 2 years. The company HR called me with my reporting manager on a conference call and pushed me to resign based on false allegations. My reporting manager made some fake allegations, such as meeting with a client without informing him. I informed HR and him that all allegations were false. I also emailed and messaged on WhatsApp to the boss about the client meetings, but my boss continued to lie on the phone and refused to listen, demanding my resignation within 3 days, or else she would terminate me.

I explained that I couldn't resign due to the high unemployment rate during COVID, but she persisted. I requested additional months of salary support, but out of fear of termination, I resigned after another call from HR. I have recordings of all the fake allegations and the forced resignation. Despite my efforts, I couldn't find a job in the tough COVID period even after 3 months of resigning. My reporting manager and HR destroyed my promising career with baseless allegations without conducting any investigation into my boss's claims. I have been suffering sleepless nights.

Seeking Advice on Reclaiming My Job

Please advise me on how to reclaim my job. Is forceful resignation illegal given that I have two recordings? If I pursue a civil suit, what damages or chances of reinstatement do I have? Please suggest.

First, you have to prove beyond any reasonable doubt before the court of law that you were coerced to resign. I think it is very difficult in your case because you happen to be a solitary fighter, whereas all in the organization had already joined together in your ouster. Besides, the civil court can, at the maximum, declare that you were forced to resign and treat the same as constructive dismissal, declaring it as bad in law and therefore ordering damages and not reinstatement. Anyhow, it may take years, and as such, you should have the patience and wherewithal to await such a long period of time.

It is better to move ahead searching for a suitable job in a good organization of your choice.

Dear Rakesh,

The futility of fighting legally against the employer who forced your resignation has been very pragmatically and succinctly presented by Mr. Umakanthan in his post.

I would like to add below:

In an executive career, such eventualities are inevitable, and one must always have a viable alternative on hand as a provident measure and a proactive action plan.

Under the circumstances, you need to be cool and composed and think practically despite mental agony.

Since you have already submitted a resignation under force and got yourself relieved, you ought to have followed the below-mentioned steps while writing and submitting the resignation:

- State when you will end your employment
- Explain why the company forced you to resign
- Share your point of view
- Include your unfinished tasks
- List what the company still owes you
- Be professional and civil

This way of writing a resignation should keep you in good stead. You will be demonstrating a positive disposition, duty consciousness, and moral responsibility even in a trying situation, impressing the otherwise unreasonable employer. You will get a nice relieving letter that will be useful to look for a fresh avenue. Who knows, you may be recalled by the erstwhile employer at an opportune time as the world is small.

Please start looking for a fresh avenue rather than dwelling on unproductive thoughts.

All the best,

Regards, Panchsen P. Senthilkumar