• Forced resignation

I was workng wid a reputed co as a sr manager. In my appt letter there was 1 yr probation period. But after 1 yr my company did not gv my confirmation letter. They didnt give any communication of extension also. In the 15th month i got transferred to another dept. No written communication was given. My old dept boss verbally told me tht aftr joining new dept, I will get confirmation letter. Aftr joining new dept my new dept boss said HR tld him tht I wll get confimation after 3 mnths. Thre was one mail frm new boss to his reportees tht i hv joined his dept. Aftr 1 mnth ths new boss started tellng me to look fr job snce co is in bad shape nd his dept may nt remain. Next mnth ie in the 19th mnth, HR calld me & tld me to resign or take termination. HR gave me 10 mins to resign or take termination letter. She tld me if I resign I wll get 3 mnths salary. She also said co is reducing manpower nd hence they r doing it. Video recording of this forcing to resign is wid me whch I captured in my ph. No written communication of non performance or disobidience is given in my work tenure. I had to resign nd as per contract they gave me only 1 mnth salary. They gv a release letter dated 2 mnths aftr Full nd final cheque nd letter on my request so tht i get time to find a job.I am over 40yrs & a sole earner in my family with parents, wife & child. The co is still downsizing as they hv been charged a big fine by govt whch came out in media. There are other employees also who had to resign same way as myself. My question is 1. Can I file a case of forced resignation & ask for compensation? 2. Will a real video footage allowed as an evidence in court? 3. If there are 2-3 other employees with same case within same period will case be more strong? 4. In such cases where there r no proof of non performnce, disobidience, misconduct or absentism nd release letter given by company has good things written, can the company sue me once I sue them? 5. Out of legal question, but in such cases whre company sees thier goodwill will be harmed if video footage comes out in media will the company be in backfoot? e
Asked 4 years ago in Labour

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9 Answers

Yes, send them a legal notice in the instant matter and seek compensation besides entire salary in lieu of non-observance of notice period by the company.

Yes, the video footage can be adduced as an evidence.

Yes, but everyone will have to pursue their cases separately.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

First you have to issue a legal notice demand them to claim compensation and thereafter you can file for suit for damages to the company.

Pradeep Bharathipura
Advocate, Bangalore
5396 Answers
310 Consultations

4.5 on 5.0

You don’t fall within definition of workmen

2) you cannot claim reinstatement

3) you can claim salary for 3 months due to you

4) litigation is long drawn and expensive proposition

5) you can rely upon video footage

6) company would be on Backfoot

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

yes all three can file case against the company for unfair labour practice or illegal termination if any.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

1. You have resigned on your own accord. Forced resignation is easy to plead but rather impossible to prove. If the resignation was forced then you ought to have withdrawn it before it was accepted. Did you do that?

2. The company can fire its employees at anytime if it is downsizing, albeit it has to follow principles of natural justice and make the full and final settlement.

3. What do you mean by force? In legal parlance coercion is to put someone under the threat of causing harm to his life or the life of anyone he may be interested in. Company asking you to resign for any reason whatsoever is a far cry from coercion envisaged under Indian Contract Act which vitiates free consent.So the video will be of no use and it will not put the company on backfoot.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. You can very well initiate legal action for this forced resignation by filing a writ petition before high court.

2. It depends on how you present the same before court i.e., by complying with the procedures envisaged in section 65B of Indian evidence act.

3. You can fight for yourself individually.

4. First you be concerned with your releif alone, dont worry about what the company will do after you are taking them into legal action.

5. No predictions.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

1. Yes Sir a suit for the compensation can be filed along with the a case in labour court for reinstatement and the back wages.

2. Yes it is allowed you can get certificate in terms of 65 B evidence act and the same is admissible.

3. Yes the court shall have positive opinion on the issue.

4. No the company cannot sue you as they are wrong and there is mistake on their part not on yours.

5. Yes it will be there is good chance before filing case, send a legal notice to the company asking for the damages and reinstatement also mention about the forced resignation the notice. Kindly draft notice cleverly it should not look like blackmailing it should be more where in you are aggrieved.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

You may proceed against the company for forced resignation. You may use the available evidence. You need not worry and the company will give proof if it claims for non-performance etc.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Yes you can file the case and ask for compensation.

yes video footage will be allowed, the same will be filed alongwith an affidavit under section 65A of the Indian Evidence Act.

Yes it will make the case strong

4. No they can not sue you back

5. yes they will be in backfoot and might come for compromise

Advise: before filing the case you may send them a legal notice so that they may come for settelment

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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