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Forced Resignation

Balaji K.S asked 5 years ago

Need Legal help for Forced Resignation

Please check the below sequence of events and guide me for the next steps to resolve this Forced resignation matters.01. I joined the organization on June 22, 2017, and worked with my first team until October 15, 2019, with an excellent track record.02. October 16, 2019 - Joined the new team, "RCM - risk management coordinator" via internal transfer after mandatory interviews and test03. Throughout my service period since that date, as part of my daily work duties, I found a lot of audit fraud skipping investigation pipeline.04. Brainstormed with my higher-ups multiple times.guide me for the next steps to resolve this Forced resignation matters.05. I was asked to bring supportive data to initiate a project and amend and embolden the SOP and mull a process change mechanism if need be.06. March 24, 2020 - Started working on extensive data collation.07. April 15, 2020 - HRBP personnel informed over the phone to await a meeting with an outsider who happened to claim as a counsel for another author. I provided a detailed explanation by involving skip-level manager also in the call. (Quadrangular talk - me, HRBP - Deepak, legal counsel -Devenkar, and my skip-level manager- Vinoth).08. April 16, 2020 - Summary of the events was asked and my explanation was heard via Chime messaging system for 30 minutes. I was asked to submit the same explanation in the form of an explanatory mail along with all supporting documents, emails, charts, testimonials, etc.Need Legal help for Forced Resignation09. April 17, 2020 - Sent out the mail to counsel with HRBP in cc. Late evening, I was informed by HRBP, my laptop access will remain blocked pending an investigation.10. Receiving no update or phone call or message, I established a call with my reporting manager to get her insights who expressed not being aware of the results.11. May 5, 2020 - A Show Cause Notice was sent to my personal mail ID. I responded appropriately disputing all the claims mentioned in the SCN with facts.12. May 8, 2020 - HRBP called up asking for my presence for a call by 1700 hours.Clause 14.1: Termination of an Employee | Forced ResignationIn the very brief call: a) I was bluntly informed management has decided to terminate me ( Forced resignation). b) My queries regarding SCN were unanswered. c) My plea for the reason for the extreme step was unanswered. Rather HR said terminating the employee with reference to Clause 14.1 in the appointment letter. queries regarding SCN were unanswered.

Clause 14.1: Termination of an Employee

    Clause 14.1 says - “Your employment may be terminated by either party by giving one month’s written notice or payment of one-month salary instead of such notice period to another party.  The employer holds the right to accept or deny payment instead of the said one-month notice”   But the clause doesn't mention anywhere "terminating any reason, whatsoever"
  d) My request for seeking an attorney's help was outrightly rejected. e) I was barred even from hanging up the call for a second. f) I was forced with a veiled threat of Forced resignation, which was issued stating their termination could jeopardize my accrued benefits and my till-date services and hastened me to go for resignation in lieu of escaping the detrimental record. g) My questions as to what was my crime/wrongdoing were ignored. h) Without assigning any reasons or proving any charges whatsoever including espionage, theft, code of conduct violation, incompetency to the duty demands, etc.,Verbal coercion to extract a FORCED RESIGNATION

Verbal coercion to extract a FORCED RESIGNATION

Barring the above, throughout my tenure, there had never been any instances of any inquiry, investigation, fact-finding, or personal misconduct, insubordination, or any other charges leveled against me in any form. I was cornered by verbal coercion to extract a FORCED RESIGNATION.I do have all the mail exchanges, Show Cause Notice, My response to SCN, and recordings of telephonic talks at all stages including the evidence to deny any accusation of misconduct they tried to impose upon me.
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