Can an Employee Resign After Being Terminated? Understanding Post-Termination Resignation

Please help me understand whether an employee can resign after being terminated from employment. He was terminated after an internal inquiry.

Dear HR,

An employee can submit their resignation even after being terminated from employment. However, you have the authority to decide whether to accept it or not.

Regards,
Alphonse 😂😂😂
GT-ElectronicIndia

Hi there,

If disciplinary action has been taken and a person is terminated, then his resignation hardly matters. However, normally, it is good practice to accept the resignation and let him/her go in the usual manner as it may affect his/her career. But if the act for which action has been taken is of a serious nature, then you have to terminate him with immediate effect.

SJ

After serving a termination letter (after being discharged from service), the question of resignation does not arise. But it could have been considered had it been given before the domestic enquiry. That means, after failing to defend in the inquiry, he wants to have a settlement. If you are sympathetic, you can accept the resignation and delete the enquiry proceedings (already recorded) and relieve him. But I prefer to say that after having prolonged the matter to the inquiry, it is better to stick to the order of the enquiry committee.

Regards, Madhu.T.K

On what charge was he terminated?

If he is a workman under the ID Act, I will suggest you sign an 18(1) settlement with him, accept the resignation, and relieve him. That will help you if he files a case at a later stage saying that his resignation was accepted under duress.

Siva