• Forced resignation

I am 47 years and was in Service with Pvt, Life Insurer;during the course of  my service suffered an Fracture then suffered Chest pain, leading to angio graphy,then angioplasty. Was forced to resign when I was under medication. HR accepted my resignation even when they knew of my medical condition,without any exit 
interview. I sent a mail to Whistle Blower ID regarding Abuse and Harassment leading to resignation. Received mail saying that the concern(when it is a complaint) has been investigated and based on recommendations action has been initiated, but can't share findings or actin taken because of process and confidentiality.
How can I get to know the Findings of the Whistle blower committee and if the concerned Manager has been found guilty by the committee can I move court for reinstatement or compensation on that basis.
Asked 10 months ago in Labour from Mumbai, Maharashtra
Hello,
1) In the absence of proof of illegality committed by the company you will have a very tough time in succeeding against the company in getting a reinstatement or for being compensated for forced resignation.

2)  If the Findings of the Whistle blower committee is not being made known to you or the action being  initiated even if it is restricted by the policy of the company should not hold relevant as you are no longer an employee. You can issue a legal notice demanding to know the results of your complaint to the Whistle blower committee.

3) If the company's stand is obstinate you must send another legal notice demanding compensation o reinstatement. Depending on the stand taken by the company you can proceed to file a suit for damages.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hello,
1) Firstly the your communication to the Whistle blower committee would serve as a proof that undue pressure and certain amount of coercion were exercised to make you resign.

2) If you have confided in colleagues, or have sent any electronic message to anyone and have a record of them, they can be produced in evidence(you can find find willing and helpful allies)

3) However your medical condition in itself can not be held as a condition generated by the company and the company can not be held legally liable to retain an employee that is  unfit to discharge his role in the job or accommodate him in an alternate post.

4) As I posted earlier for the ignominious exit without considering the service you had so far rendered, and the medical exigency you can certainly sue the company for damages. It is for the company to disprove your claims. Engage a lawyer to assist you locally.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) you have not mentioned when you have resigned 

2) you have not mentioned whether you exchanged any correspondence with company that you were forced to submit your resignation . 

3) if you were forced to resign you should have immediately sent a mail with drawing your resignation and mentioned that you were forced to submit your resignation by the company 

4) you should have filed police complaint of criminal intimidation under section 506 of IPC  if you were forced to submit resignation  

5) chances of your reinstatement would be remote . 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
You are claiming that the resignation was due to duress but you did not resign under protest. After the tendering of resignation you had time till the same was accepted to withdraw it but it seems that you do not. In the backdrop of these facts how would you prove that the resignation was due to coercion? A resignation given under force has to be withdrawn at the first possible opportunity. The court cannot make a presumption of coercion against the employer as the onus to prove it lies squarely on the employee who has challenged the resignation.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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