How to prepare after the ultimatum
You want a checklist of what to gather after being told to resign or be fired.
What should you write down about the ultimatum itself?
Start with the ultimatum, because that one moment anchors most of your forced resignation case. Record what was said, who said it, and when and where.
Note whether it was spoken, written or both, since that affects how easily it can be proved. The more exact the wording, the more useful the record is to a lawyer.1
What context is worth adding?
Add a brief note on what led up to it, such as a recent change to your role or a specific dispute. Keep it factual and short, not a long story of everything that ever bothered you.
What documents should you gather?
Collect three things:
- your employment contract
- recent messages about the events
- your resignation letter, if you already sent one
Pay slips showing your role and salary before the ultimatum are worth keeping close and organised.
What if you already resigned without preparing?
Write down what you remember as soon as you can, even if time has passed. A later account is still valuable, and your employer must still justify what happened.2
Is a witness worth tracking down?
If anyone else was present, or knew of the ultimatum soon after, note their name and how to reach them. A short supporting account from someone else can carry real weight.
You do not need a formal statement yet. You only need enough detail to find them again.
What should you do this week?
Put everything in one folder, physical or digital. Check your deadline on the deadline calculator, and read your rights in this situation.
If you want a lawyer to file a Section 20 representation for you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send them the folder. An independent lawyer may review the facts and replies on whether and how they can act.
If you are preparing a claim over your forced resignation, an independent employment lawyer can review the ultimatum and your resignation date and take it forward 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
What is the single most useful thing to prepare?
A written account of the exact ultimatum: who said it, when and where. This one document organises your case better than anything else you could gather.
Should I include what led up to the ultimatum too?
Yes. A brief note on the days or weeks before helps explain why it happened. Keep it short and factual.
What if I resigned before thinking to gather any evidence?
Write down what you remember now, even after the fact. A later account is still useful, though sooner is better.
Do I need a witness for my case to be taken seriously?
Witnesses help but not every case needs one. If anyone else was present or knew of the ultimatum, note their name in case they are needed later.
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 you are preparing a claim over your forced resignation, an independent employment lawyer can review the ultimatum and your resignation date and take it forward 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.