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Dealing with an Involuntary Resignation

Involuntary resignation or resignation of employees without their will is a serious aspect that the organisations have to handle often. Involuntary departures can occur with the employers decision to force an employee to leave on account of various reasons - recurrent business losses, reduction in profit due to economic reasons and the like. This is what is exactly happening these days in many organizations due to the current global economic depression. Many employees are getting pink slips without any apparent reason. Massive lay offs are taking place from the company’s urgency to downsize and restructure or from its decision to discontinue. Another kind of involuntary termination is employees’ disposal from service on the basis of commitment of their own fault that may consist of any severe wrongdoing, consistent bad performance or breach of conduct.

Dealing with an involuntary resignation is quite tough and vulnerable. Adequate legal measures and documentation should be taken while dismissing employees involuntarily. Since the departure happens against the will of the employee, it may exert a negative psychological impact upon the terminated person. In most of the cases, he or she takes a legal action stating an unjustifiable reason on behalf of company for his or her dismissal. Hence, the employer has to possess appropriate documents duly undersigned by the employee as evidence to support the resignation. The company should also have specific legislations, terms and conditions set beforehand to held it non-liable of any charges brought from a dismissed employee.

The management should remain transparent when handling an involuntary resignation. The main objective should be to avoid any sort of litigation that may crop up during the post- resignation period. Hence, it is necessary to be aware of the laws that can immune an organisation from legal pursuits undertaken by such an employee. Sometimes, it becomes mandatory to reduce the workforce or withdraw a post to achieve specific economic and organisational goals. Involuntarily termination resulting from these issues cannot be held unlawful. However, there are certain areas where the decision of involuntary termination becomes offensive like: 

- Dismissal of an employee on terms of racial, sexual, religious and ethnic bias 
- Suing an employee for voting a particular person or for non-disclosure of his voting activity 
- Discharging an employee of his duties for possessing a writ issued by the court authority to appear in any judicial proceeding 
- Firing off a disabled employee in spite of having sufficient provisions of accommodation

The handling of involuntary removal of employees has its inner risks and dangers if not handled meticulously. A large portion of the company profit may be wasted away to fight out a litigation or compensate for a single mistake and carelessness. Thus, apart from having a basic knowledge of law, the management professionals should be trained adequately to deal with the most stringent issues relating to involuntary resignation.

Comments Listing
Posted: 06/01/2011 07:22:32

Your "article" fails to mention managers and HR bullies ?

Competent employee's who suffer at the hands of self indulged bullies, usually have no choice but to "involuntarily resign"...

This article is all about CYA, and I will be surprised if you actually post this comment, because like most HR professionals, and I use that term very loosely, believe that they know the difference between right and wrong.

HR exists to protect the status quo, and remove any employee that threatens their existence.

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