Forced resignation without following CAF protocols

754 votes

If you were forced to resign under threat of termination, without being given a Performance Improvement Plan (PIP) or chance to improve per company policy, it may amount to 'constructive dismissal'. You can issue a legal notice stating the resignation was involuntary and seek compensation for mental distress, reputational damage, and career loss due to the employer’s failure to follow due process. Legal remedies include: * If you qualify as a 'workman' under the Industrial Disputes Act, you may approach the Labour Commissioner for unfair labour practices or illegal termination. * If you're not a 'workman' you may file a civil suit for breach of contract and damages, particularly if the resignation was coerced or company policies were violated. * A complaint can also be filed under applicable Shops & Establishments Act provisions (depending on your state). For safeguarding future employment, request a neutral experience/relieving letter and maintain documentary proof (emails, resignation letter, HR communication) to support your version. Avoid disclosing disputes during interviews, but be honest if background verification demands clarity.

Advocate Koteshwara Rao LawRato