I was forced to resign from the company in Mumbai on June 30 2012, Here i was working as a team lead in IT dept. for 8 and half years from Feb 2004 to June 2012, in this 6 years ie from Feb 2004 to Feb 2010 for the Company A, from March 2010 to June 2012 Company B. Company B took over from Company A , so in company B i have worked 2 and half years.
In June 2012, this Company B forced me to resign saying my job is redundant, and asked me to put the papers saying its good for me instead of they terminating me, they said if i resign they will pay me 5 months salary, or if they terminate only 1 month salary, they put both the papers on table and asked me to choose either termination or resignation. So i had to choose resignation and even they had promised me orally to outsource some work so i can work from home and make some money, but they didnt keep the promise
Company was growing well, we had just moved to new place with 10000 sqft space, and started hiring people. I was the only employee to get redundant. I was humiliated by the company by not giving promotion, even though i was performing well and had got awards. Me being oldest in the company and salary also was very high. i was 42 year old and polytechnic Diploma holder, and all other employees were young graduates and MBA.
Now its almost 1 year, and i am staying in Bangalore, I would like to know do i have any fair chance to go to court against this company for forcing me to resign. If i can go what is the procedure and can i do it staying from Bangalore.
Thanks and Regards,
From India, Mumbai
1In June 2012, this Company B forced me to resign saying my job is redundant, and asked me to put the papers saying its good for me instead of they terminating me, they said if i resign they will pay me 5 months salary, or if they terminate only 1 month salary, they put both the papers on table and asked me to choose either termination or resignation. So i had to choose resignation and even they had promised me orally to outsource some work so i can work from home and make some money, but they didnt keep the promise
Company was growing well, we had just moved to new place with 10000 sqft space, and started hiring people. I was the only employee to get redundant. I was humiliated by the company by not giving promotion, even though i was performing well and had got awards. Me being oldest in the company and salary also was very high. i was 42 year old and polytechnic Diploma holder, and all other employees were young graduates and MBA.
Now its almost 1 year, and i am staying in Bangalore, I would like to know do i have any fair chance to go to court against this company for forcing me to resign. If i can go what is the procedure and can i do it staying from Bangalore.
Thanks and Regards,
From India, Mumbai
Move ahead search for new job......That will help you to move ahead in career & life.......Try to keep yourself aloof from Litigation.....
From India, Pune
From India, Pune
Dear Friend,
1:-What ever happened (As mentioned above) is not justified on your part. (If the case is actual as written by you).
2:- As per above information you have good work experience. Hence, you have a safe future ahead with ample opportunities.
3:- As you have mentioned about your qualification, It is good. But, with time you have to upgrade yourself, which unintentionally you didn't. Later, when company got MBA'ains; they asked you to resign. Still, experience & loyalty of an employee has to be respected & treated with humility. Here, the management (B company) lacked. Your case could have been handled with professional humanity.
4:- As you have resigned, if you go for legal action against company; they will put their statement that you have resigned not they have compelled you to do so. But, still you can fight a legal case; given you have time & money to spend on legal proceeding.
5:- Do not dwell on past, learn from that experience & give a fresh start.
6:- You can file a civil suit (Still get experts advice).
God Bless.
From India, Pune
1:-What ever happened (As mentioned above) is not justified on your part. (If the case is actual as written by you).
2:- As per above information you have good work experience. Hence, you have a safe future ahead with ample opportunities.
3:- As you have mentioned about your qualification, It is good. But, with time you have to upgrade yourself, which unintentionally you didn't. Later, when company got MBA'ains; they asked you to resign. Still, experience & loyalty of an employee has to be respected & treated with humility. Here, the management (B company) lacked. Your case could have been handled with professional humanity.
4:- As you have resigned, if you go for legal action against company; they will put their statement that you have resigned not they have compelled you to do so. But, still you can fight a legal case; given you have time & money to spend on legal proceeding.
5:- Do not dwell on past, learn from that experience & give a fresh start.
6:- You can file a civil suit (Still get experts advice).
God Bless.
From India, Pune
Dear Petitioner...
1) You were forced to resign in June 2012, so what makes you to go legal after a year?
2) Even if you go legal and file a case against the company, you would just lose your Time, Money, Efforts and perhaps the Name / Credibility in the market...
3) About redundancy in job - as you yourself mentioned that you are a polytechnic diploma holder whereas most of other employees are young and MBA degree holders... Let us think from employer's perspective, if the employer gets a MBA holder who can do what you do with less salary or even almost equal pay, why not hire MBA. The market scenario is crunching and there is a need for good jobs for candidates and fresh and young blood / talent to the employers... I have seen many cases wherein the employers even force the candidate to take a VRS. It is sad but truth...
4) You have been awarded, appreciated for your work, good. We can always show that on our resume and move on. Those are achievements why do we have to strike a war.
5) I do not mean to say do not stand up for your rights but am giving you this option as you mentioned you're 42. A few more years to retire... Had you been in your late 20s or early 30s, I would have advised you to move to court... Let's have a peaceful life ahead... We would have many issues and problem creeping in... We need income for family and perhaps you are so much agitated because you might not be getting good job or pay that you should be.... But just think, if you'd move to court what will happen -
a) You will anyway have to accept an offer at a low pay scale
b) You will have to take leaves to attend the court sessions and be present whenever there's a date.
c) Knowing the Indian Judiciary system, I do not assume that the case will be solved very soon.
d) Time and efforts will go in addition to the fees of the lawyer that you appoint...
If you think all this is okay... move ahead... but on what basis...
Did they not give you 5 months' salary as promised?
Was the matter about trying to support you by outsourcing some work included in the agreement?
How will you prove that they said something like that?
The court of law asks for proofs and if you do not have them, do not waste your resources... We have a very good judicial system but has its own pitfalls... and often we get delayed justice because of it or sometimes not get it at all...
From India, Mumbai
1) You were forced to resign in June 2012, so what makes you to go legal after a year?
2) Even if you go legal and file a case against the company, you would just lose your Time, Money, Efforts and perhaps the Name / Credibility in the market...
3) About redundancy in job - as you yourself mentioned that you are a polytechnic diploma holder whereas most of other employees are young and MBA degree holders... Let us think from employer's perspective, if the employer gets a MBA holder who can do what you do with less salary or even almost equal pay, why not hire MBA. The market scenario is crunching and there is a need for good jobs for candidates and fresh and young blood / talent to the employers... I have seen many cases wherein the employers even force the candidate to take a VRS. It is sad but truth...
4) You have been awarded, appreciated for your work, good. We can always show that on our resume and move on. Those are achievements why do we have to strike a war.
5) I do not mean to say do not stand up for your rights but am giving you this option as you mentioned you're 42. A few more years to retire... Had you been in your late 20s or early 30s, I would have advised you to move to court... Let's have a peaceful life ahead... We would have many issues and problem creeping in... We need income for family and perhaps you are so much agitated because you might not be getting good job or pay that you should be.... But just think, if you'd move to court what will happen -
a) You will anyway have to accept an offer at a low pay scale
b) You will have to take leaves to attend the court sessions and be present whenever there's a date.
c) Knowing the Indian Judiciary system, I do not assume that the case will be solved very soon.
d) Time and efforts will go in addition to the fees of the lawyer that you appoint...
If you think all this is okay... move ahead... but on what basis...
Did they not give you 5 months' salary as promised?
Was the matter about trying to support you by outsourcing some work included in the agreement?
How will you prove that they said something like that?
The court of law asks for proofs and if you do not have them, do not waste your resources... We have a very good judicial system but has its own pitfalls... and often we get delayed justice because of it or sometimes not get it at all...
From India, Mumbai
Dear Anonymous,
I too appreciate the suggestions by all- i.e. Prashant ji, Mudassar04 & Ankita ji.
My addition to earlier responses is as under:
You have no legal remedy. Your case will not be stand in court of law. Against forcibly taking resignation or signature, one need to lodge a complaint within reasonable time and not after lapse of one year.
My advice to you is, to forget and forgive every thing and start your life fresh. Be positive and keep in mind that nothing is permanent in the life. You are not born with any particular tag.
Below given link may be useful to you.
https://www.citehr.com/462510-what-b...hange-pg2.html
I wish you all the best.
From India, Mumbai
I too appreciate the suggestions by all- i.e. Prashant ji, Mudassar04 & Ankita ji.
My addition to earlier responses is as under:
You have no legal remedy. Your case will not be stand in court of law. Against forcibly taking resignation or signature, one need to lodge a complaint within reasonable time and not after lapse of one year.
My advice to you is, to forget and forgive every thing and start your life fresh. Be positive and keep in mind that nothing is permanent in the life. You are not born with any particular tag.
Below given link may be useful to you.
https://www.citehr.com/462510-what-b...hange-pg2.html
I wish you all the best.
From India, Mumbai
Hi best regard please am advice you to go back to school before you start looking for a job because is a challenge for you time cannot wait for you go back to school have that courage in your mine.thank
From Nigeria
From Nigeria
I REALLY APPRECIATE AND THE MESSAGE BOARD GIVEN BY Ms ANKITA SHAH WITH RESPECT TO PRACTICAL APPROACH AND REALTY IN A REGULAR WALKS OF LIFE. ITS TRUE FACT WAS ELABORATED BUT, ARE WE REALLY DIGEST ? AND SHALL FOLLOW THE SAME WHEN OUR TURNS COMES IN SIMILAR WAY? ................NO ITS BIT DIFFICULT TO DIGEST ,HOWEVER, WE ARE FORCED TO FOLLOW IN OUR MIND Ms ANKITA SHAH MESSAGE IS THE BOTTOM LINE.
From India, Calcutta
From India, Calcutta
Dear Kittu,
Firstly I do not know if the all caps was a mistake or you mean to shout at me...
Either case, I do not care...
Secondly... Yes that is what is the best solution in my opinion... I have suggested this to the petitioner, it is his/her look out whether or not to accept it. Did I force him or her to handle issues my way? I don't think so...
Thirdly - what would I do in such situation... I would do what I suggested as I do not have extra money to feed to lawyers neither extra time to devote to court.... When in todays' time people don't have time to spend with family why waste it over the court's hearing... So I suggested what I would do in that situation...
Fourthly - Perhaps you missed what I suggested - the age factor is also important... When someone is at 40-45 years of age, it is wise to plan for future and not fight for the past... Priority changes with changing time and with the age...
Fifth - What I suggested may not be right in your opinion. But there was no need to take it personally and have a personal remark / comment about it...
I believe we all are suggesting the petitioner the best we can or we believe he/she should do in this situation. We leave upto him/her to decide what to do... Neither you nor me can decide about the further action....
Hope this clarifies your doubts...
From India, Mumbai
Firstly I do not know if the all caps was a mistake or you mean to shout at me...
Either case, I do not care...
Secondly... Yes that is what is the best solution in my opinion... I have suggested this to the petitioner, it is his/her look out whether or not to accept it. Did I force him or her to handle issues my way? I don't think so...
Thirdly - what would I do in such situation... I would do what I suggested as I do not have extra money to feed to lawyers neither extra time to devote to court.... When in todays' time people don't have time to spend with family why waste it over the court's hearing... So I suggested what I would do in that situation...
Fourthly - Perhaps you missed what I suggested - the age factor is also important... When someone is at 40-45 years of age, it is wise to plan for future and not fight for the past... Priority changes with changing time and with the age...
Fifth - What I suggested may not be right in your opinion. But there was no need to take it personally and have a personal remark / comment about it...
I believe we all are suggesting the petitioner the best we can or we believe he/she should do in this situation. We leave upto him/her to decide what to do... Neither you nor me can decide about the further action....
Hope this clarifies your doubts...
From India, Mumbai
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