Forced to resign
Querist :
Anonymous
(Querist) 22 June 2011
This query is : Resolved
One of my friend is being forced to resigned from his job just after 2 months of his joing date because he spoke to one of the ex-employee of the company.
How can we help him.
What is the legal course of Action
Help Club
Devajyoti Barman
(Expert) 22 June 2011
Without seeing the job contract it is hard to advise.
Saving private job through court in indeed a very difficult and time consuming task which often looses its efficacy even if the employee wins the battle after a decade.
Querist :
Anonymous
(Querist) 22 June 2011
There is no restriction in the Job Contract of this nature,The job is a high profile job and now the friend is on road just after 2 months,can we help him by any means as he has not yet resigned.
Devajyoti Barman
(Expert) 22 June 2011
Then he can file a suit for declaration and injunction.
Ajay Bansal
(Expert) 23 June 2011
Agreed with Barman in this matter.
Kirti Kar Tripathi
(Expert) 24 June 2011
Forced to resign, what he did after resignation, whether he has made any complaint to any authority or to management. In case, he did nothing, no relief he can get. Rather he is liable to make payment to the employer under agreement/bond, if any. However,in case,his resignation is not accepted and communicated in writing,he can withdraw the same in writing. So advice him to withdraw resignation immediately,in case it is not accepted and communicated to him in writing.
Chanchal Nag Chowdhury
(Expert) 24 June 2011
If it was a private job,he may sue for damage & compensation but he cannot get his job back as a matter of right.
Querist :
Anonymous
(Querist) 24 June 2011
Dear Sir
The friend has not resigned as of now,but the company is forcing him to resign.
The friend is making a regular request to the company authorities to allow him to work.
Company HR person has asked him in verbal to look for a new job with in this month.
Should he resigned or not??????
Kirti Kar Tripathi
(Expert) 24 June 2011
In that event, he has an option not to resign, let the employer to terminate his services. In that event he may have legal recourse.
Kirti Kar Tripathi
(Expert) 24 June 2011
suit for declaration and injunction will not be maintainable as contract of personal service can not be enforced specifically. However, he can claim damage & compensation.
Querist :
Anonymous
(Querist) 24 June 2011
Should he wait till they terminate him, any other action required on his part?
Kirti Kar Tripathi
(Expert) 25 June 2011
He should wait till employer terminate his services.
