Forced resignation is one of the most misunderstood (and most abused) practices in the workplace.
Can an employer legally tell an employee: đ âEither you resign, or we terminate youâ?
In the latest episode of #BebelHR, I sat down with returning guest Dzulfadhli Lamin, a Senior Consultant at E2 Workforce Consulting with 10 years of experience handling complex HR, disciplinary, and industrial relations cases.
Together, we discussed about what constitutes forced resignation, and why getting this wrong can land employers in serious legal trouble.
In this episode, we discussed:
â˘â â The difference between forced resignation and suggested resignation
â˘â â â Clear warning signs of forced resignation, including pre-prepared resignation letters and âcold storageâ tactics
â˘â â â What employees should write (and protect) if asked to submit a resignation letter under pressure
â˘â â â Our POV on a viral case involving a government servant asked to resign following an unfavourable social media incident
â˘â â â Why the burden of proof in forced resignation cases lies with the employee
â˘â â â How HR should act as a neutral middle person between management and staff
â˘â â â Practical steps to protect yourself when employers repeatedly pressure you to resign
â˘â â â What employers can realistically negotiate under a Mutual Separation Scheme (MSS)
This episode is essential viewing for:
â Employees who feel pressured to resign
â HR practitioners navigating sensitive termination situations
â Managers who donât want to accidentally trigger a constructive dismissal claim
â ď¸ Reminder: A resignation must always be voluntary. If itâs coerced, threatened, or rushed, it may not be a resignation at all.
đŠ Need help with anti-bullying or complex HR advisory? Reach out to E2 Workforce Consulting (www.e2consulting.com.my) for professional training and consulting support.
Watch the latest episode here: https://youtu.be/ylM6mdvPAiY
xoxoxo
