Myths about being forced to resign
Some things you have heard about constructive dismissal are not quite accurate.
Myth: resigning means you have no claim
This is false. A resignation forced by your employer’s conduct can itself count as a dismissal, if the contract test is met.1 You do not give up your rights by being the one who leaves.
What matters is why you left, not that you technically resigned. This is the core idea behind constructive dismissal.
Myth: any unfair treatment qualifies
This is also false. The breach must go to the root of your contract. Ordinary friction or one unpleasant conversation does not reach that level.
Pay cuts, demotions and hostile transfers are the kind of change that more often meets the standard, especially when they arrive without explanation.
Myth: you must complain to HR first
This is only partly true. Raising the issue internally is not always a strict legal step before you resign and claim.
It can still strengthen your case, because it shows your employer knew and did not act. Keep a record of the complaint either way.
Myth: you have to prove your employer was wrong
This is false in the way that matters most. Your employer must show just cause or excuse for how you were treated, not the other way around.2
Myth: there is no deadline if you resigned
This is false as well. The same 60-day window applies whether you were dismissed or resigned under pressure.
Some people think resigning buys time to decide. In fact the clock starts the day you leave.
What should you do this week?
Write down which of these myths you believed, and check your facts against your real situation. Read about common mistakes to avoid, and confirm your window with the deadline calculator.
If you want to bring a claim, send a lawyer your facts. They can review them and file a Section 20 representation for you if there are grounds.
If one of these myths shaped how you handled being forced out, an independent employment lawyer can review your facts and act if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Myth: if I resign I automatically lose any claim. True or false?
False. Resigning does not end your right to claim. The law treats a genuinely forced resignation as a form of dismissal. What matters is whether the contract test is met.
Myth: any unpleasant treatment counts as constructive dismissal. True or false?
False. The breach must go to the root of your contract, not just feel unfair. Ordinary workplace friction does not meet that higher standard on its own.
Myth: I must complain to HR before I can resign and claim. True or false?
Partly true. Raising the issue first is not always a strict legal requirement, but it can support your case by showing your employer knew and did not fix it.
Myth: I have to prove my employer was wrong. True or false?
False in the way that matters. Your employer must show just cause or excuse for how you were treated, not the other way around.
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
If one of these myths shaped how you handled being forced out, an independent employment lawyer can review your facts and act if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.