Forced Resignation Mistakes To Avoid
You want to avoid the errors that quietly weaken a case after this kind of ultimatum.
Some mistakes after a forced resignation ultimatum are quiet, and you only notice them once they are much harder to fix.
A few specific errors come up again and again, and each one is avoidable with a little awareness beforehand and a moment of patience.
Signing something on the spot
Agreeing to sign a resignation letter or settlement document immediately, under pressure, removes your chance to review it properly. Asking to take it home, even for a single evening, rarely costs you anything real.
Once signed, a document can be harder to unwind than it would have been to simply pause and read it first.
Not writing down the exact wording
Relying on memory alone, weeks or months later, makes it harder to establish what was actually said to you. The specific wording of an ultimatum can matter for how it is judged against the contract test1.
Write it down as soon as you reasonably can, including who said it and where the conversation happened.
Waiting too long, in either direction
Resigning too fast, without documenting anything, can leave you without the evidence you later need. Waiting too long after the ultimatum, without acting, can also work against you if it suggests you accepted the situation.
Finding a reasonable middle ground, a short pause to prepare rather than an open-ended delay, tends to serve people best.
Treating the sixty day deadline as flexible
The window from your resignation date is fixed, not something that can be negotiated later2. Assuming there is room to move on this point is one of the more costly mistakes people make.
Talking widely before speaking to a lawyer
Discussing the details with several colleagues before you have a clearer sense of your own position can complicate things later. Informal comments are sometimes repeated inaccurately, which can muddy the timeline you are trying to build.
A lawyer, not word of mouth around the office, is the better first conversation for specific guidance on your situation.
What should you do this week?
Check your position with the deadline calculator, and read how to prepare your case before taking any further step forward. A lawyer can review what you have done so far and flag anything worth fixing before you file a Section 20 representation of your own.
A lawyer can review what has happened so far and flag anything worth addressing before you go further.
Common questions
Is signing a resignation letter on the spot a mistake?
It can be, since you lose the chance to review it or add your reasons clearly. Asking to take it home, even briefly, protects your position without costing you anything real.
Is it a mistake not to write down the exact wording used?
Yes, the specific wording of an ultimatum often matters later. Relying on memory alone, weeks or months afterward, makes your account harder to establish.
Is waiting too long before acting a common mistake?
Yes, both before resigning and after. Delay in either direction can work against you, whether it affects how the pressure is judged or whether you miss your filing deadline.
Is talking widely about the situation before speaking to a lawyer a mistake?
It can complicate things, since informal comments to colleagues are sometimes repeated inaccurately later. A lawyer is a better first conversation than word of mouth around the office.
Sources
- The Supreme Court in Wong Chee Hong v Cathay Organisation (M) Sdn Bhd held that constructive dismissal is judged by the contract test, whether the employer breached a term going to the root of the contract. Thomas Philip
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within sixty days of the dismissal. Mah Weng Kwai & Associates
Keep reading
A lawyer can review what has happened so far and flag anything worth addressing before you go further.