Common Myths About Being Pushed Out
You have heard a few things about resign or be fired situations that are not quite accurate.
A few beliefs about a forced resignation ultimatum get repeated often enough that they start to sound like settled fact.
Some of them are close to true, others are not, and the difference matters for what you decide to do next in your own situation.
Myth, resigning under an ultimatum was your own choice
This is false in the way most people assume. If your employer’s ultimatum amounted to a serious breach of your contract, the law can treat your resignation as a dismissal rather than a voluntary decision1.
You are not disqualified from a claim simply because you were technically the one who submitted the resignation letter.
Myth, a verbal ultimatum does not really count
This is also false. A verbal ultimatum still matters, though it is naturally harder to prove than something written down at the time. That is a practical challenge, not a legal barrier on its own.
Writing down exactly what was said, as soon as possible afterward, helps close that evidence gap considerably.
Myth, withdrawing the ultimatum erases everything that happened
This is only partly true. Even if your employer later withdraws or softens the ultimatum, it may still be relevant to your case.
That is especially true if you had already acted on it, or suffered some consequence, before the withdrawal happened.
Myth, you must prove your employer’s exact intentions
This is false in the way people often assume it works. Your employer carries the burden of showing just cause or excuse for how you were treated, not the other way around2.
Your role is to describe what happened clearly, not to demonstrate what your employer was privately thinking at the time.
Myth, there is more time to decide because you resigned rather than being fired
This is false as well. The same sixty day window applies from the date you resigned, and it does not extend simply because the situation felt complicated or unclear at the time.
What should you do this week?
Write down which of these myths you had assumed were true, and check them against your actual situation carefully. Read about common mistakes to avoid, and confirm your window with the deadline calculator before filing a Section 20 representation.
A constructive dismissal case shares many of the same myths if your situation built up gradually rather than through one clear ultimatum.
A lawyer can tell you plainly which of these beliefs apply to your situation and which ones do not.
Common questions
Myth, if I resigned it was voluntary and I have no claim. True or false?
False. If you resigned because of a genuine ultimatum, the law can treat that as a dismissal rather than a voluntary departure, provided the contract test is met.
Myth, a verbal ultimatum does not count if it is not in writing. True or false?
False. A verbal ultimatum still counts, though it can be harder to prove than a written one. Writing down exactly what was said helps close that gap.
Myth, my employer can withdraw the ultimatum and nothing happened. True or false?
Partly false. Even a withdrawn ultimatum may be relevant to your case, depending on how it affected your position and whether you already acted on it.
Myth, I have to prove my employer meant to force me out. True or false?
False in the way people often assume. Your employer carries the burden of showing just cause or excuse existed, rather than you needing to prove their exact intentions.
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
- In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates
Keep reading
A lawyer can tell you plainly which of these beliefs apply to your situation and which ones do not.