Forced to Resign

Querist : Anonymous (Querist) 15 March 2011 This query is : Resolved
Can a Public Limited Company force employees to resign by threatening to terminate ?

What recourse do employees have without having to get into the LONG legal process of filing civil suit against termination.

NEED A URGENT RESPONSE.

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Kiran Kumar (Expert) 15 March 2011
an employee can not be forced to resign...however if there comes termination then certainly litigation will follow if the termination is illegal and is in violation of rules.

there can not be instant solution to termination....if the matter comes before a court then certainly whole procedure will be followed to decide the matter.

Kirti Kar Tripathi (Expert) 15 March 2011
Legally an employer can not force an employee to resign. But some time there there may be certain circumstance, when an employer ask resignation from employer. There may be various reasons such as to avoid litigation or to harass/victimize him or otherwise. But if the employees refuses to do so, the services can be terminated. In case, such a situation arises, the employee has to either accept the employers proposal or to refuse. In both the cases, if he want to challenge, he has to go court and face entire legal processes, which is not only time taking but expensive too.

Jitendar Kumar gupta (Expert) 15 March 2011
you have the only option to knock the door of the court to protect our service by filing writ in the High Court.

Dushyant Pandya (Expert) 21 March 2011
Dear Querist,

Legal remedies or action will decide as per facts and circumstances. We would like to know, due to what reason your employer is asking for resignation? So accordingly we will provide appropriate legal remedy for you.

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