Mistakes to avoid after a forced resignation
A few quiet errors after a resign-or-be-fired ultimatum can weaken your case.
Signing something on the spot
Signing a resignation letter or settlement straight away, under pressure, removes your chance to review it. Asking to take it home, even for one evening, costs you little. This is the most common forced resignation mistake.
Once signed, a document can be harder to undo than it was to simply pause and read.
Not writing down the exact wording
Relying on memory weeks or months later makes it hard to show what was actually said. The wording of an ultimatum can matter for how it is judged against the contract test.1
Write it down as soon as you can. Include 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 need. Waiting too long after the ultimatum can also hurt if it suggests you accepted the situation.
Aim for the middle: a short pause to prepare, not an open-ended delay.
Treating the 60-day deadline as flexible
The window from your resignation date is fixed and cannot be negotiated later.2 Assuming there is room to move is one of the costliest mistakes people make.
Talking widely before speaking to a lawyer
Discussing the details with several colleagues before you know your position can complicate things. Comments are sometimes repeated inaccurately, which muddies the timeline you are trying to build.
A lawyer is a better first conversation than word of mouth around the office.
What should you do this week?
Check your position on the deadline calculator, and read how to prepare your case before your next step.
If you want a lawyer to act, request lawyer contact with your location, relevant dates and a short summary of the steps taken so far. An independent employment lawyer can assess what needs attention before you file your Section 20 representation.
If you have already taken steps after a forced resignation and want them checked, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the ultimatum and your resignation date. An independent employment lawyer can confirm whether it is a case they can take on.
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
Is signing a resignation letter on the spot a mistake?
It can be, because you lose the chance to review it or add your reasons. Asking to take it home, even for one evening, protects your position at no real cost.
Is it a mistake not to write down the exact wording used?
Yes. The wording of an ultimatum often matters later. Relying on memory weeks 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 changes how the pressure is judged or makes you miss the filing deadline.
Is talking widely about the situation before speaking to a lawyer a mistake?
It can complicate things, because comments to colleagues are sometimes repeated inaccurately. A lawyer is a better first conversation than word of mouth at 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 60 days of the dismissal. Mah Weng Kwai & Associates
Keep reading
If you have already taken steps after a forced resignation and want them checked, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the ultimatum and your resignation date. An independent employment lawyer can confirm whether it is a case they can take on.
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.