azif (o) 17 January 2014

Forced to resign

i am working in a mnc and last year during a internal audit my boss was terminated... but i had a professional rival in the same team... during the past one year my collegue put a lot of false allegations upon me but notin was proved since there was no evidence... he even made contract employees write statements against me... today the hr of the company in the presense of my managers told me that the investigation team thinks that all the allegations against me r true... when i questioned thm how witout eveidence they are saying that thy mentioned tht since my collegue had complained about it they have to consider it... they told me i can fight a legal battle but in that case thy will have to terminate my contract but if i resign thy wll pay me 2 months salary and relieve me... and made me resign forcefully... how can i fight my battle now to prove that i have been made a scapegoat...

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Kumar Doab (FIN) 17 January 2014

If you have resigned with immediate effect the company instead of tendering notice pay to you may recover notice pay from you and adjust it in FNF statement.

If resignation is extracted by force recently you have the option to withdraw the resignation.

Before it is accepted if you decide to withdraw you may do so as ap.

Forced resignation can be claimed as deemed termination.

If you feel that company thru its HR had concurred to give notice pay of 2 months and would provide clean relieving letter then you may obtain so in writing and also ensure good comments in relieving letter (avoid without any comments on conduct and performance or with adverse comments) are issued on the spot without any delay.

If company had promised to do then it may agree to your demand.

Since there is a complaint and HR feels that allegations are true without granting any opportunity to defend it may terminate.

However such conduct may be termed bad.

In such a case you shall have to agitate and may land up in litigation too.

If HR and company is wrong foot it may also decide to avoid litigation and negotiate with you for amicable settlement that may suit both parties.

Whatever you may think to do before implementing it consult elders in the family, competent and experience well wishers and your local labor consultant/service lawyer.

You have already erred by staying for long in the company while there were regular complaints against you then by offering your resignation on a platter to HR, now you should not err.

You are closest to the facts and you know your company and future prospects and therefore take a balanced decision.

YOU should firm up your next venture as ap.