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Yogesh Patil (K)     21 January 2021

Company saying put the paper and leave the company

Dear All, I have completed more that 5 years in a company and suddenly got call from HR and saying due to job riddance u have to resign. I ask them the reason but they dont have the proper reason. And now they are giving me threat saying "if u dont put ur paper will terminate, choice is yours." Please help me on same


 3 Replies

Kevin Moses Paul   21 January 2021

As an employer, the HR may come to a decision that it’s time for the company and a particular employee to part ways. This decision, may be a purely financial one, as a means of reducing payroll, or it may be based on a variety of other factors, which could be poor performance or working style/method that doesn’t fit well (inefficient or ineffective) as per the company’s standard culture.

Whatever the reason, an employee can be fired or asked to resign in lieu of termination. A forced resignation may be possible, but it is rarely preferred by any organisation.

However, if an employee is faced with intolerable working conditions and is forced to resign, then such a situation is known as constructive discharge (also known as constructive termination).
There are 3 types of Constructive Discharge as defined below:-

1.) Discrimination: A termination based on a protected status, such as age, gender, race or national origin, is a form of discrimination and is illegal under federal and many state laws.

2.) Retaliation: A worker who files a protected complaint, such as notifying the Occupational Safety and Health Administration of a dangerous workplace hazard, cannot be fired or retaliated against for taking such an action.

3.) Contract Violation: Whether employees have written contracts or oral, implied contracts regarding their status at the firm, they can file suit if they feel an act of constructive discharge violated the contract.

Therefore, you may opt to file a suit against your company under Constructive Discharge for pressurising or forcing you to Resign. Moreover, in the suit application remember to mention any intolerable working situation(s) that the company provides.
1 Like

Yogesh Patil (K)     21 January 2021

Thank you sir

In current  financial year I m the one who work day night and save companies money (90laks) and my boss appreciated on mail... And now HR said due to performance we have to take this decision.

Sir, they are changing their reasons every time.. Coz they dont have the proper answer.

Ritesh Maity (Labour Law Advocate)     24 January 2021

They are asking/ forcing you to resign on various pretext so that you cannot raise any dispute in future. On paper, it will be YOU who left the service and not the other way round. Hence, they will save themselves from certain liabilities. If you do not tender resignation at this moment, there is least chance they the company will terminate your service. 

If you do not resign, you have better chance to negotiate financially before actually tendering your resignation. 

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