• Employer unethically forced me to resign and incomplete finances

Dear Sir,
Greetings! My employer forced me to resign unethically. After 1 year company said that your rating during first 2 quarters was 1 so you have to resign but i started work in mid of quarter and my immediate boss gave me good rating but my super boss gave me 1 rating maybe on basis of normalising the package as increment percent is linked to rating and i came to know my package was more than colleagues. My current targets were complete, my boss was happy with my performance. Suddenly this thing came from my super boss, my immediate boss was also shocked and went to fight with them but nothing could happen. The super boss wanted to maintain his superiority by not taking his decision back. I was threatened to resign or you will be terminated and your career will be spoiled. Mental pressure was build up on me.
I unwillingly resigned trusting my immediate boss that he will help me in job finding. On resigning they are delaying my last salary and final settlement. Also they are deducting some part of it. I am jobless for 2 months and under huge mental pressure and debt.
I am waiting for my full & final settlement to come. Please help how should i proceed. can i get my job back. or can i claim for my 2-3 month salary loss.
Asked 2 years ago in Civil Law from Delhi, Delhi
1) once you have submitted your resignation you cannot get your job back 

2) if your ex employer is refusing to pay your last salary issue legal notice to employer to pay your salary dues .
Ajay Sethi
Advocate, Mumbai
26197 Answers
1422 Consultations
5.0 on 5.0
Hi, Once you submitted the resignation you can not go back to the work before you resigned the work you must have to think over the same.

2. For recovery of the salary you must issue the legal notice for arrears of the salary.
Pradeep Bharathipura
Advocate, Bangalore
4185 Answers
149 Consultations
4.3 on 5.0
Dear Querist
Immediately send a notice with the help of lawyer to your company with the allegations that your resignation is due to forced by your super boss with the threat to terminated and without any cause and reason and claim compensation for harassment and loss of earning.

if they are not ready to settle the matter with you within notice time then you may file a complaint before labour commissioner of area.
Nadeem Qureshi
Advocate, New Delhi
3731 Answers
140 Consultations
4.9 on 5.0
1. You can not prove with evidence that you have been forced to resign,

2. On the papers, you have resigned and the company has not terminated you for giving you a chance to agitate,

3. You can not claim your job back,

4. If you feel that the company is on the process of sending you the arrears, then wait for it,

5. On receipt of the pending amount, if you find any discremency, then you can lodge a complaint before the labour commissioner,

6. Alternatively, you can file a recovery suit if the pending amount is substantial.
Krishna Kishore Ganguly
Advocate, Kolkata
13228 Answers
281 Consultations
5.0 on 5.0
1. It is your case that you have resigned under force, but your assertion of having resigned due to force cannot be accepted on face value by the court.

2. The documentary evidence i.e your resignation letter signed by you dislodges your claim of the resignation being submitted due to coercion.

3. As a corollary to above, you cannot get the job back now.

4. If your outstanding dues are not paid then issue a lawyer's notice and follow it up by filing a suit for recovery.
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
5.0 on 5.0

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