What To Do After An Ultimatum
Your employer told you to resign or be fired, and you are not sure what to do next.
Someone told you plainly to resign, or be fired, and you have not answered yet.
That pause is valuable, in this forced resignation situation. A few steps taken now can shape how your case is understood later.
What should you do in the moment itself?
Ask for time to think it over, rather than answering on the spot right away. A reasonable request for a day or two to consider your options is not unusual, and most employers will not refuse it outright.
Write down exactly what was said, who said it, and when, as soon as you can afterward. The specific wording used in an ultimatum like this often matters more than people expect.
Should you try to get it in writing?
Where possible, yes. A short follow-up email summarising what was discussed, sent to whoever gave you the ultimatum, can turn a verbal moment into a documented one. Keep a copy for yourself separate from your work accounts.
A verbal-only ultimatum is not without value, but it is harder to establish later than something written down clearly at the time it happened.
Does resigning under this pressure still count as a dismissal?
It can, depending on whether the pressure amounts to a serious breach of your contract1. The specific circumstances, including how the ultimatum was delivered, matter for how your situation is later assessed.
Who should you talk to before responding?
Avoid discussing the details widely with colleagues before you have a clearer sense of your own position, since informal comments can complicate things later. A lawyer, rather than a colleague or a friend, is the better first call for specific guidance.
If you have someone you trust for emotional support, lean on them separately from anyone still connected to your workplace or your former manager.
What should you do this week?
Do not sign a resignation letter or a settlement document without reviewing it first, even under pressure to respond quickly. If you have already resigned, you have sixty days from that date to file a Section 20 representation2.
Read how to prepare your case, and check your window with the deadline calculator before you go further.
A constructive dismissal claim follows a similar path if your situation built up gradually rather than through a single ultimatum.
A lawyer can look at exactly what was said to you and help you decide how to respond before you commit to anything.
Common questions
What should I do the moment I am given this ultimatum?
Ask for time to think it over rather than answering immediately, and write down exactly what was said and by whom. Avoid signing anything on the spot, even if it looks routine.
Should I ask for the ultimatum in writing?
Yes, if possible. A verbal ultimatum is harder to prove later, so a follow-up email confirming what was discussed can help preserve a clear record of what happened.
Does resigning under this kind of pressure still count as a dismissal?
It can, if the pressure amounts to a serious breach of your contract. The specific wording and context of the ultimatum matter for how your situation is assessed later.
What if I already resigned on the spot before thinking it through?
Speak with a lawyer promptly, since your sixty day window is already running. What was actually said in the moment still matters, even after the fact.
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 look at exactly what was said to you and help you decide how to respond before you commit to anything.