I was forced to resign from the company in Mumbai on June 30, 2012. Here, I was working as a team lead in the IT department for 8 and a half years, from February 2004 to June 2012. During these 6 years, that is, from February 2004 to February 2010, I worked for Company A, and from March 2010 to June 2012, for Company B. Company B took over from Company A, so in Company B, I worked for 2 and a half years.
In June 2012, Company B forced me to resign, stating that my job was redundant. They asked me to submit my resignation, suggesting it would be better for me rather than them terminating my employment. They presented me with two options: if I resigned, they would pay me 5 months' salary, but if they terminated me, I would only receive 1 month's salary. I had no choice but to choose resignation. Additionally, they verbally promised to outsource some work to me so I could work from home and earn some money, but they did not fulfill this promise.
The company was experiencing growth; we had recently moved to a new location with a 10,000 sqft space and had begun hiring new employees. Despite my good performance and accolades, I was the only one made redundant. I felt humiliated by the company's refusal to promote me, especially considering my seniority and comparatively higher salary. At 42 years old, with a polytechnic diploma, I was surrounded by younger graduates and MBA holders.
Now, nearly a year later, I am residing in Bangalore. I am seeking guidance on whether I have a fair chance to take legal action against the company for pressuring me to resign. If it is feasible, I would appreciate information on the procedures involved and whether I can pursue this case while in Bangalore.
Thanks and Regards,
From India, Mumbai
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1In June 2012, Company B forced me to resign, stating that my job was redundant. They asked me to submit my resignation, suggesting it would be better for me rather than them terminating my employment. They presented me with two options: if I resigned, they would pay me 5 months' salary, but if they terminated me, I would only receive 1 month's salary. I had no choice but to choose resignation. Additionally, they verbally promised to outsource some work to me so I could work from home and earn some money, but they did not fulfill this promise.
The company was experiencing growth; we had recently moved to a new location with a 10,000 sqft space and had begun hiring new employees. Despite my good performance and accolades, I was the only one made redundant. I felt humiliated by the company's refusal to promote me, especially considering my seniority and comparatively higher salary. At 42 years old, with a polytechnic diploma, I was surrounded by younger graduates and MBA holders.
Now, nearly a year later, I am residing in Bangalore. I am seeking guidance on whether I have a fair chance to take legal action against the company for pressuring me to resign. If it is feasible, I would appreciate information on the procedures involved and whether I can pursue this case while in Bangalore.
Thanks and Regards,
From India, Mumbai
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1: Whatever happened (as mentioned above) is not justified on your part (if the case is as written by you).
2: According to the information provided, you have good work experience. Hence, you have a safe future ahead with ample opportunities.
3: As you have mentioned your qualifications, it is commendable. However, over time, you need to upgrade yourself, which, unintentionally, you didn't do. Later, when the company acquired MBAs, they asked you to resign. Still, the experience and loyalty of an employee should be respected and treated with humility. In this situation, the management (B company) lacked empathy. Your case could have been handled with professional humanity.
4: Since you have resigned, if you decide to take legal action against the company, they will state that you resigned and were not compelled to do so. Nevertheless, you can still pursue a legal case if you have the time and resources for legal proceedings.
5: Do not dwell on the past; learn from that experience and make a fresh start.
6: You can file a civil suit (after seeking expert advice).
God Bless.
From India, Pune
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2: According to the information provided, you have good work experience. Hence, you have a safe future ahead with ample opportunities.
3: As you have mentioned your qualifications, it is commendable. However, over time, you need to upgrade yourself, which, unintentionally, you didn't do. Later, when the company acquired MBAs, they asked you to resign. Still, the experience and loyalty of an employee should be respected and treated with humility. In this situation, the management (B company) lacked empathy. Your case could have been handled with professional humanity.
4: Since you have resigned, if you decide to take legal action against the company, they will state that you resigned and were not compelled to do so. Nevertheless, you can still pursue a legal case if you have the time and resources for legal proceedings.
5: Do not dwell on the past; learn from that experience and make a fresh start.
6: You can file a civil suit (after seeking expert advice).
God Bless.
From India, Pune
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You were forced to resign in June 2012, so what makes you go legal after a year? Even if you go legal and file a case against the company, you would just lose your time, money, efforts, and perhaps the name/credibility in the market.
Regarding Redundancy in the Job
As you yourself mentioned, you are a polytechnic diploma holder, whereas most of the other employees are young MBA degree holders. Let us think from the employer's perspective. If the employer gets an MBA holder who can do what you do with less salary or even almost equal pay, why not hire an MBA? The market scenario is crunching, and there is a need for good jobs for candidates and fresh, young blood/talent for the employers. I have seen many cases wherein the employers even force the candidate to take a VRS. It is sad but true.
You have been awarded and appreciated for your work, which is good. We can always show that on our resume and move on. Those are achievements, so why do we have to wage a war?
I do not mean to say do not stand up for your rights, but I am giving you this option as you mentioned you're 42. With a few more years to retire... Had you been in your late 20s or early 30s, I would have advised you to move to court. Let's have a peaceful life ahead. We would have many issues and problems creeping in. We need income for the family, and perhaps you are so agitated because you might not be getting the good job or pay that you should be. But just think, if you'd move to court, what will happen:
- You will anyway have to accept an offer at a low pay scale.
- You will have to take leaves to attend the court sessions and be present whenever there's a date.
- Knowing the Indian Judiciary system, I do not assume that the case will be solved very soon.
- Time and efforts will go in addition to the fees of the lawyer that you appoint.
If you think all this is okay, move ahead, but on what basis?
Did they not give you 5 months' salary as promised? Was the matter about trying to support you by outsourcing some work included in the agreement? How will you prove that they said something like that? The court of law asks for proofs, and if you do not have them, do not waste your resources. We have a very good judicial system, but it has its own pitfalls, and often we get delayed justice because of it or sometimes do not get it at all.
Regards,
From India, Mumbai
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Regarding Redundancy in the Job
As you yourself mentioned, you are a polytechnic diploma holder, whereas most of the other employees are young MBA degree holders. Let us think from the employer's perspective. If the employer gets an MBA holder who can do what you do with less salary or even almost equal pay, why not hire an MBA? The market scenario is crunching, and there is a need for good jobs for candidates and fresh, young blood/talent for the employers. I have seen many cases wherein the employers even force the candidate to take a VRS. It is sad but true.
You have been awarded and appreciated for your work, which is good. We can always show that on our resume and move on. Those are achievements, so why do we have to wage a war?
I do not mean to say do not stand up for your rights, but I am giving you this option as you mentioned you're 42. With a few more years to retire... Had you been in your late 20s or early 30s, I would have advised you to move to court. Let's have a peaceful life ahead. We would have many issues and problems creeping in. We need income for the family, and perhaps you are so agitated because you might not be getting the good job or pay that you should be. But just think, if you'd move to court, what will happen:
- You will anyway have to accept an offer at a low pay scale.
- You will have to take leaves to attend the court sessions and be present whenever there's a date.
- Knowing the Indian Judiciary system, I do not assume that the case will be solved very soon.
- Time and efforts will go in addition to the fees of the lawyer that you appoint.
If you think all this is okay, move ahead, but on what basis?
Did they not give you 5 months' salary as promised? Was the matter about trying to support you by outsourcing some work included in the agreement? How will you prove that they said something like that? The court of law asks for proofs, and if you do not have them, do not waste your resources. We have a very good judicial system, but it has its own pitfalls, and often we get delayed justice because of it or sometimes do not get it at all.
Regards,
From India, Mumbai
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I too appreciate the suggestions by all, i.e., Prashant ji, Mudassar04, and Ankita ji. My addition to earlier responses is as follows: You have no legal remedy. Your case will not stand in a court of law. Against forcibly taking resignation or signature, one needs to lodge a complaint within a reasonable time and not after the lapse of one year.
Advice for Moving Forward
My advice to you is to forget and forgive everything and start your life afresh. Be positive and keep in mind that nothing is permanent in life. You are not born with any particular tag. The link provided below may be useful to you: https://www.citehr.com/462510-what-b...hange-pg2.html
I wish you all the best.
From India, Mumbai
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Advice for Moving Forward
My advice to you is to forget and forgive everything and start your life afresh. Be positive and keep in mind that nothing is permanent in life. You are not born with any particular tag. The link provided below may be useful to you: https://www.citehr.com/462510-what-b...hange-pg2.html
I wish you all the best.
From India, Mumbai
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Dear Kittu,
Firstly, I do not know if the all caps were a mistake or if you meant to shout at me. Either way, I do not care.
Secondly, yes, that is the best solution in my opinion. I have suggested this to the petitioner; it is up to him/her whether or not to accept it. Did I force him or her to handle issues my way? I don't think so.
Thirdly, what would I do in such a situation? I would do what I suggested, as I do not have extra money to feed lawyers nor extra time to devote to court. In today's time, when people don't have time to spend with family, why waste it on court hearings? So, I suggested what I would do in that situation.
Fourthly, perhaps you missed what I suggested - the age factor is also important. When someone is 40-45 years old, it is wise to plan for the future and not fight for the past. Priorities change with time and age.
Fifth, what I suggested may not be right in your opinion. But there was no need to take it personally and make a personal remark or comment about it.
I believe we are all suggesting to the petitioner the best we can or what we believe he/she should do in this situation. We leave it up to him/her to decide what to do. Neither you nor I can decide on the further action.
Hope this clarifies your doubts.
From India, Mumbai
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Firstly, I do not know if the all caps were a mistake or if you meant to shout at me. Either way, I do not care.
Secondly, yes, that is the best solution in my opinion. I have suggested this to the petitioner; it is up to him/her whether or not to accept it. Did I force him or her to handle issues my way? I don't think so.
Thirdly, what would I do in such a situation? I would do what I suggested, as I do not have extra money to feed lawyers nor extra time to devote to court. In today's time, when people don't have time to spend with family, why waste it on court hearings? So, I suggested what I would do in that situation.
Fourthly, perhaps you missed what I suggested - the age factor is also important. When someone is 40-45 years old, it is wise to plan for the future and not fight for the past. Priorities change with time and age.
Fifth, what I suggested may not be right in your opinion. But there was no need to take it personally and make a personal remark or comment about it.
I believe we are all suggesting to the petitioner the best we can or what we believe he/she should do in this situation. We leave it up to him/her to decide what to do. Neither you nor I can decide on the further action.
Hope this clarifies your doubts.
From India, Mumbai
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Legal Clarification on Revocation of Resignation & Severance Dues.pdf
Dispciplinary Action.doc
Resignation Letter.jpg