Forsed resignation for marrying indirect reportee
Querist :
Anonymous
(Querist) 15 August 2018
This query is : Open
Hi, I am new member to this forum. I am gling through a very tough time and finaly found this club on google any help or advice is hugely appreciated. I have been working for one of the MNC for last 13 years. I married one of my indirect reportee and been asked to leave the company imediately. I was taken to a meeting room asked to write my resignation on a pice of paper else they thretened that will list the same on my releasing that you have been fired on gross miscoduct. A warning letter was given to my spouse stating that you have done misconduct by being in realtion with senior leadeship.
I was on a senior manager profile and this loss of job have completely taken over a financial hit. I have running home loan and car loans plus occomodation rental. I dont know what to do.
Guest
(Expert) 15 August 2018
Some fake experts may prefer to give you some sweet pill on your problem and may advise you to take recourse to legal action, as the company cannot compel an employee to resign.
But that advice without making you aware of the consequences of any legal action, if preferred to be adopted by you, may harm your own interest. Of course, on ethical grounds, your employer cannot force you to resign. Even if on your refusal to resign, they terminate you, you will be well within your right to legally challenge that decision. In that event, you can also bargain with the management to claim severance money from the employer. But, it is only you, who has to decide about the lump sum amount in the shape of severance money or to safeguard your future career.
Be aware, adoption of any legal recourse would entail self invitation of spoilage of your career for the future. After all your present company will always be at the back of the event of your background verification as may be required to be done by the other companies, when selected for any other job. Of course there is no harm in marrying a girl of your own choice, where your employer should not have any say, but observance of organization discipline, that too by the incumbent of the senior manager's position is the most important requirement, rather than to take care of personal obligations, like loan repayment and rental for accommodation. If charged with misconduct, I doubt, if you would be able to scuttle down the allegation, if that is really against the conduct of the employees. That way, you may also be risking the job of your own spouse. Termination of your spouse by the company for gross misconduct cannot also be ruled out if you take some tough stand.
So, it is for you to give proper thought whether to spoil your career by sticking to your decision about legal action or to take care about your future career. Also that decision may harm the interest of your wife, as she can also be sacked on account of misconduct.
In my view, you may prefer to oblige the management by submission of your resignation, rather than getting terminated on the charge of misconduct and to lose the benefit of gratuity also. Personal obligations, like loan repayment and rental for accommodation, etc. should be tried to be fulfilled out of the salary of your spouse till you get another good position in some other organization.
Rest depends upon your own wisdom.
Dr J C Vashista
(Expert) 16 August 2018
I partially agree with expert advise of Mr. PS Dhingra except the fact that the company (employer) will have to adopt legal process to fire you wherein you can dictate your terms of leaving the job.
There is no correlation of your employment with marrying a lady of your choice irrespective of the fact that she was one of your reportee. If the employer imposes such a condition and compel you to resign you can decline, since it do not tantamount to misconduct (of course there can not be any such policy of the management, if so, it can be challenged).
