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Boss forcing to resign with a threat ot termination

(Querist) 14 May 2018 This query is : Resolved 
I have joined Manappuram Finance as Area Sales Head in the month of Jan & during interview i was assured that this will be a team handling profile & i will be taking care of south gujarat location, but after 1 month of joining i was told that there is no approval for any team as well as location & i have to work in only 1 location vadodara & I'm supposed to do direct sales on my own without any team, which when i argued then HR told me that its my fault & i had to get things checked before joining. Now after 3 months both my HR & My boss are calling me daily & asking me to resign or else my services will be terminated without any warning or notice on the basis of non-performance.

In April the hr called & told me I'll have to get transferred to Ahmedabad as even Vadodara location is getting close or else resign when I agreed for relocation then after 8 days they told me i cant be relocated as they are hiring new guy for that location & now only 1 option is with me and that is to resign & if not resigned within 15 days that my services will be terminated & a negative feedback will be provided to any other company where i will apply for a new job.
Can they terminate the services without providing any formal warning memo? How can inlegally put up my case against the wrong commitment of their assurance of team handling profile & bigger location to take care off
Rajpal singh (Querist) 14 May 2018
Please provide guidance as boss if forcing self resignation with an threat of termination from service withou any warning memo or formal notice
Rajpal singh (Querist) 14 May 2018
Please provide guidance as boss if forcing self resignation with an threat of termination from service withou any warning memo or formal notice
Ms.Usha Kapoor (Expert) 14 May 2018
You filo a civil suit for declaration to your designated post and also mandatory permanent injunction against the employer commanding them not to besmirch your reputation with sti8nging remarks and issue a clean service record at the Time of relieving.The employer's attitude has been throughout highhanded, arbitrary, malicious, unreasonable, unconstitutional,. unfair labor practice4. bias and vi9ctimixzatyion. You were not given proper opportunity either by your boss or HR to work and show your mettle and now demanding resignation without dues or termination and also give negative feed back.Prior to filing the suit you give a legal notice to your employer and if you doin't receive a reply within 15 days of notice period you proceed to file the suit.
Ms.Usha Kapoor (Expert) 14 May 2018
You filo a civil suit for declaration to your designated post and also mandatory permanent injunction against the employer commanding them not to besmirch your reputation with sti8nging remarks and issue a clean service record at the Time of relieving.The employer's attitude has been throughout highhanded, arbitrary, malicious, unreasonable, unconstitutional,. unfair labor practice4. bias and vi9ctimixzatyion. You were not given proper opportunity either by your boss or HR to work and show your mettle and now demanding resignation without dues or termination and also negative feed back.Prior to filing the suit you give a legal notice to your employer and if you doin't receive a reply within 15 days of notice period you proceed to file the suit.
P. Venu (Expert) 14 May 2018
You cannot be forced to resign! Choice is yours.
Guest (Expert) 14 May 2018
@ Mr. P.Venu,
If cannot be forced to resign, can he survive on his job against the wishes of his employer?
Guest (Expert) 14 May 2018
@ Ms. Usha Kapoor,
It is easy to say than to achieve success.
As per your advice, are you sure that he can definitely get permanent injunction against his termination, when his appointment order, in itself would have contained that he can be terminated on the basis of non-performance? Can he definitely be successful to prove his performance to the satisfaction of his bosses?
Guest (Expert) 14 May 2018
Although you cannot be compelled to resign, but if fail to establish a rapport with the employer, it is always better in the interest of the future career of the employee to resign rather than getting labelled with a non performer.stigma. Once you annoy your bosses and get terminated on non-performance basis, your future career may happen to be at doldrums, as always at the time of past verification, you won't be able to get good report from your previous employers.
P. Venu (Expert) 14 May 2018
Jigaysu:
My suggestion is addressed to the author; you can post your own suggestion which you have not done, as always is the case.

I have not assigned you the task of being my super moderator, nor has LCI.

Try to contribute value to this Forum instead of being a pinprick.
Guest (Expert) 14 May 2018
@ Mr. P. venu,
My answer lies in my question itself. If you are unable to appreciate, not my fault. Contrarily, your post does not suggest him any way out by merely writing that he could not be forced to resign, while he himself is admitting that he is being forced to resign. As an expert you could have suggested him what he should do.
Moderation is never my intention, but as per my opinion, practicability is a must in an expert's advice. if you try to evaluate properly,. my contribution is much more than the so called experts, who merely suggest any irrelevant or impracticable ideas. My intention is to help the querist to get correct advice.
Sudhir Kumar, Advocate (Expert) 15 May 2018
Can they terminate the services without providing any formal warning memo?

WHY NOT

How can inlegally put up my case against the wrong commitment of their assurance of team handling profile & bigger location to take care off

ASK THEM. THIS FORUM CANNOT REPLY ON YOUR EMPLOYER'S BEHALF.


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