Common myths

Myths about being pushed to resign

Some things you have heard about resign-or-be-fired situations are not quite accurate.

For people seeking legal representation. For general information, please use our guides and tools.

Myth: resigning under an ultimatum was your own choice

This is false. If the ultimatum amounted to a serious breach of your contract, the law can treat your resignation as a dismissal, not a voluntary decision.1

Being the one who handed in the letter does not disqualify you. This is the idea behind a forced resignation claim.

Myth: a verbal ultimatum does not really count

This is also false. A verbal ultimatum still matters, though it is harder to prove than something written at the time. That is a practical problem, not a legal barrier.

Write down exactly what was said as soon as you can. It closes most of the evidence gap.

Myth: withdrawing the ultimatum erases everything

This is only partly true. Even if your employer later withdraws or softens the ultimatum, it may still matter to your case.

That is especially so if you had already acted on it, or suffered a consequence, before it was withdrawn.

Myth: you must prove your employer’s exact intentions

This is false. Your employer must show just cause or excuse for how you were treated, not the other way around.2

Your job is to describe what happened clearly, not to show what your employer was privately thinking.

Myth: you have more time to decide because you resigned

This is false as well. The same 60-day window applies from the date you resigned. It does not extend because the situation felt complicated.

What should you do this week?

Write down which of these myths you believed, and check them against your real situation. Read about common mistakes to avoid, and confirm your window with the deadline calculator before you file a Section 20 representation.

If your situation built up slowly, not through one ultimatum, read about the constructive dismissal myths. If you want a lawyer to act, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the ultimatum and your dates.

If you are seriously considering a claim over your forced resignation, 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 tell you whether it is worth pursuing.

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 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, not 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 is 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 matter to your case, depending on how it affected you and whether you had already acted on it.

Myth: I have to prove my employer meant to force me out. True or false?

False. Your employer must show just cause or excuse. You do not have to prove their exact intentions.

Sources

  1. 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 (accessed 2026-09-22)
  2. 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 (accessed 2026-09-22)

If you are seriously considering a claim over your forced resignation, 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 tell you whether it is worth pursuing.

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.