Question
Q: What compensation can I claim for forced resignation?
Answer
A:
What Compensation Can You Claim for Forced Resignation?
If you were forced to resign due to employer pressure, workplace harassment, or unfair treatment, you may be entitled to compensation for wrongful termination (constructive dismissal). The type and amount of compensation depend on employment laws, company policies, and contract terms.
Types of Compensation You Can Claim for Forced Resignation
| Compensation Type | When You Can Claim It | What You May Receive |
|---|---|---|
| Severance Pay | If resignation qualifies as constructive dismissal or is part of a severance policy. | A lump sum amount based on years of service and salary. |
| Unpaid Salary & Benefits | If employer withheld wages, bonuses, or benefits. | Full payment of pending salary, bonuses, and benefits. |
| Notice Period Pay | If the employer did not give proper notice before forcing resignation. | Salary for the notice period you were entitled to under your contract. |
| Gratuity (if eligible) | If you completed 5+ years of service and resignation was not voluntary. | Gratuity amount as per labor laws. |
| Compensation for Wrongful Termination | If resignation was due to harassment, discrimination, or unfair treatment. | Legal compensation for loss of job, emotional distress, and career damage. |
| Legal Costs & Damages | If you take legal action against the employer and win. | Reimbursement of legal fees and additional damages. |
Steps to Claim Compensation for Forced Resignation
✅ 1. Gather Evidence
- Collect emails, messages, or verbal statements proving employer pressure.
- Keep records of salary slips, benefits, and employment contracts.
✅ 2. Send a Legal Notice
- Before filing a claim, you can send a formal legal notice demanding compensation.
- Legals365 can draft a strong legal notice to protect your rights.
✅ 3. File a Complaint with Labor Authorities
- If your employer refuses compensation, you can file a wrongful termination complaint with:
- The Labor Commissioner
- Employment Tribunal or Industrial Court
✅ 4. File a Lawsuit for Compensation
- If negotiation fails, you can sue for severance, lost wages, and damages.
How Legals365 Can Help
✅ Assess your case and determine the best legal action.
✅ Draft a legal notice to demand rightful compensation.
✅ Negotiate a fair severance package with your employer.
✅ File a wrongful termination claim to secure damages.
Would you like assistance in filing a legal notice or claiming your compensation?
.By Advocate BK Singh
(Delhi High Court)