Told to resign or be fired?
Your employer gave you an ultimatum and you have not answered yet.
What should you do in the moment itself?
Ask for time to think, instead of answering on the spot. A request for a day or two to consider is reasonable, and most employers will not refuse it outright.
Write down exactly what was said, who said it and when, as soon as you can. The wording of an ultimatum often matters more than people expect. This is the heart of a forced resignation case.
Should you try to get it in writing?
Where possible, yes. Send a short email to whoever gave the ultimatum, summarising what was said. That turns a spoken moment into a documented one.
Keep a copy for yourself, apart from your work accounts. A spoken-only ultimatum still has value, but it is harder to prove than something written at the time.
Does resigning under pressure still count as a dismissal?
It can, if the pressure amounts to a serious breach of your contract.1 How the ultimatum was delivered matters for how your case is later assessed.
Who should you talk to before you answer?
Avoid discussing the details widely with colleagues before you know your position. Informal comments can complicate things later. A lawyer is a better first call than a colleague or friend.
If you have someone you trust for emotional support, choose someone who is not connected to your workplace or your manager.
What should you do this week?
Do not sign a resignation letter or a settlement without reviewing it first, even if you are pushed to reply quickly. If you have already resigned, you have 60 days from that date to file a Section 20 representation.2
Read how to prepare your case, and check your window with the deadline calculator.
If your situation built up slowly, not through one ultimatum, read about constructive dismissal. 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 for review.
If you are thinking of acting on a 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
What should I do the moment I am given this ultimatum?
Ask for time to think, and write down exactly what was said and by whom. Do not sign anything on the spot, even if it looks routine.
Should I ask for the ultimatum in writing?
Yes, if you can. A spoken ultimatum is harder to prove later, so a follow-up email confirming what was said helps keep a clear record.
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 wording and context of the ultimatum matter for how your case is assessed.
What if I already resigned on the spot before thinking it through?
Speak to a lawyer promptly, because your 60-day window is already running. What was said in the moment still matters 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 60 days of the dismissal. Mah Weng Kwai & Associates
Keep reading
If you are thinking of acting on a 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.