I was threatened by the manager and the HR manager with termination if I do not submit my resignation. The reason given was frequent medical leaves, although they agreed that my performance before my health deteriorated was exceptional. I was given no warning letter, no notice, and no severance.
I would like to know what recourse, legal or otherwise, I can take. All help would be much appreciated.
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I would like to know what recourse, legal or otherwise, I can take. All help would be much appreciated.
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No mention is made about the post held and the length of your service. If you are a workman, you can seek a remedy under the Industrial Disputes Act, 1947 against your non-employment arising out of forced resignation. However, you should bear in mind that you have to prove it, which I think is very difficult.
You may also look at the issue from a different angle. Admittedly, your continued ill-health compelled you to go on leave so frequently that your employer had to ask you finally to resign. Step into his shoes and see how an employer can accommodate a sick employee forever. After raising the dispute, suppose he takes you back into service and the same situation continues; subsequently, you can be sent out formally on the ground of medical invalidation.
So, your decision depends upon your health condition. If you suffer from any chronic disease that requires constant medical care, you can choose some other suitable alternative employment or self-employment as the case may be. There is no disclosure about the efforts taken by you for a smooth separation.
From India, Salem
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6108You may also look at the issue from a different angle. Admittedly, your continued ill-health compelled you to go on leave so frequently that your employer had to ask you finally to resign. Step into his shoes and see how an employer can accommodate a sick employee forever. After raising the dispute, suppose he takes you back into service and the same situation continues; subsequently, you can be sent out formally on the ground of medical invalidation.
So, your decision depends upon your health condition. If you suffer from any chronic disease that requires constant medical care, you can choose some other suitable alternative employment or self-employment as the case may be. There is no disclosure about the efforts taken by you for a smooth separation.
From India, Salem
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I totally agree with Umakanth garu. You are recruited to work on the assignments entrusted to you, and those assignments are getting delayed or not completed, resulting in delays/failures in meeting the customer requirements. Hence, the management needs to look for alternatives.
As per your communication, the management has given you opportunities a number of times, and finally, they have come to a conclusion that it will be difficult to continue with you. In these circumstances, you should evaluate your health condition and decide. If you fail to do so, the management can terminate your services based on your continued absence. I opine that instead of going for the legal side, you can request the management for some financial benefits and look for alternatives.
Kameswarao
From India, Hyderabad
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As per your communication, the management has given you opportunities a number of times, and finally, they have come to a conclusion that it will be difficult to continue with you. In these circumstances, you should evaluate your health condition and decide. If you fail to do so, the management can terminate your services based on your continued absence. I opine that instead of going for the legal side, you can request the management for some financial benefits and look for alternatives.
Kameswarao
From India, Hyderabad
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I was holding a technical lead position and had been with the company for a year. The issue is not separation; the issue is the lack of due notice, warning, and severance package. It was they who asked me to leave.
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Dear Anonymous,
What is the date of the incident? When did you resign? Do you maintain complete details of your leaves taken with reasons? Are you ready to fight out the matter? If yes, then the matter can be discussed in detail.
With Warm Regards,
Bharat Gera
HR Consultant
From India, Thane
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What is the date of the incident? When did you resign? Do you maintain complete details of your leaves taken with reasons? Are you ready to fight out the matter? If yes, then the matter can be discussed in detail.
With Warm Regards,
Bharat Gera
HR Consultant
From India, Thane
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Whatever the position or capacity of the poster - whether a workman or above - his course of action for redress can only be through the provisions of labor law for illegal termination of employment or through civil remedy for violation of the terms of the contract of employment.
On the face of it, it is an issue of resignation. It is very difficult to prove that resignation was forcefully obtained by the management. In view of the fact that his total service is just one year, even if he wins the case with the remedy of reinstatement, he has to work under the same set of people with agony both physical and mental or with damages for wrongful termination in violation of the contract of employment, just the notice pay and some amount towards damages.
From India, Salem
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On the face of it, it is an issue of resignation. It is very difficult to prove that resignation was forcefully obtained by the management. In view of the fact that his total service is just one year, even if he wins the case with the remedy of reinstatement, he has to work under the same set of people with agony both physical and mental or with damages for wrongful termination in violation of the contract of employment, just the notice pay and some amount towards damages.
From India, Salem
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Legal Clarification on Revocation of Resignation & Severance Dues.pdf
Resignation Letter.jpg