Isn’t it illegal to force employees to resign and call it volunteer resignation?
It sounds like: take this money and shoot yourself. If you dont do it, we will shoot you anyway, without any severance!!
What will happen, if I deny to resign?
16 replies (most recent on top)
On an international forum like this, it’s impossible to answer “Is it illegal to...” without knowing where - laws are vastly different between India, China, US, UK, Etc. Even in the US you can see how laws like WARN vary from state to state, with California having stronger requirements than Texas.
@YqWiW4q-joa English is NOT everyone's first language on this site. I'm sure the person you're responding to's English is a whole lot better than your attempts to speak THEIR language. Just chill, ok?
"People casually use term layoff, buy this is retrenchment."
A term in the US is "furloughed", which meant a temporary layoff. Workers would collect unemployment for a few months, then get called back to their jobs. Outside of some unionized gigs furloughs are gone, and the term layoff has come to mean a permanent termination that is not for "cause", but simply that the position itself is no longer needed.
A lot of people don't think about the fact that HR and manager can just lie afterwards.
You need a recording. In general, you should record every interaction with your manager. My manager was a piece of sh-- and was lying to me and to others about me.
Record everything.
Once again oracle is trying to hide that the business s---s and they are laying people off. Being asked to resign gives you leverage - tell them that your attorney will be in touch with oracle to negotiate the terms. If you already “resigned” contact the ATTORNEY General in your state and have them investigate oracle’s conduct.
A criminal enterprise is a criminal enterprise is a criminal enterprise
FFS, it's VOLUNTARY, not volunteer, learn the effing English.
As per Indian labour laws, 15 days basic pay money is to be paid for each yr work, in case of retrenchment.
People casually use term layoff, buy this is retrenchment. In case of layoff, no money is paid but momentary suspension with only basic pay being doled out.
Oracle is generous is paying out all that amount, and I hardly see it can be challenged legally as all private companies can cut down if business goes down.
Volunteer resignation too works in employee favour, as you may be hired again later.
Everyone should keep a record / MOM of the formal meeting that you have with the HR and Manager where you're told to resign. Pick up the severance and then file a case of harrassment, torture and coerced termination without cause.
I think it is fair to ask for a recording /MOM or to take a representative along with you for this meeing.
Take the money and run why would you want to keep on working on a place that they don't want you anyway? Big f---ing deal
Everyone should ask this question to Larry
https://www.quora.com/unanswered/Anyone-wants-to-write-an-open-letter-to-Larry-Ellison-on-Layoffs
Its just the way it is.
They are giving you money so that they can reduce the number of "layoffs" that they have to report.
If you force them to fire you then they will give you the legal minimum required and thats it.
Agreed!! But, they should give the right reasons at-least that "They F..d up" and write an apology instead of calling it a volunteer resignation.
Top management takes wrong decisions and everybody has to suffer....fire those people first. Why did they hire people just 3 months back, when they knew they are doing bad business?
"What will happen, if I deny to resign?"
It's at-will employment. Meaning you can walk, they can walk. Unless you have an employment contract.
You see, a company is not a marriage. It's a trading of services and/or goods.
New age of Money Mafia - called Organizations. We will use you for our benefit and then will ask you to kill yourself and will pay severance for that :D
This is what happened during IDC layoffs. There was an HR and a manager in the meeting room. Manager said rehearsed lines that "Its organization decision to close some positions and you are one of them".
After that HR explained the severance package and asked the employee to resign and write the resignation right there by hand on a paper. She said it will be considered volunteer resignation!!
How can it be a volunteer resignation, when you are forcing the employee to resign for money? Is it not illegal? Is it also work place harassment?
That is workplace harassment and you should deal with it accordingly and report the perpetuator . Whether you take it up with your Department Head, HR leadership or prefer to hire a lawyer is up to you.