Told To Resign Or Be Fired
Your manager gave you an ultimatum: resign quietly or be dismissed on the spot.
Your manager said resign today or be terminated tomorrow. It looked like your choice, but it was not.
A resignation forced by a direct threat of dismissal is rarely treated as voluntary. Some Malaysian workers in this position are treated as having suffered an unfair dismissal, not a genuine resignation.
Does an ultimatum still count as dismissal?
It can. If you resigned only because the alternative was immediate termination, the law can look past the word resignation and treat it as a forced resignation.
What matters is whether you had a real choice at the time. A threat made in a closed room, with no time to think, weighs heavily against calling it voluntary.
Who has to prove what happened?
Once you bring a claim, your employer has to prove there was just cause or excuse for what amounted to a dismissal.1
That burden does not vanish because a resignation letter exists. What was said before you signed matters as much as the letter.
What should you write down now?
While the conversation is fresh, write the date, the time, who was present and the words used, as close as you can recall.
If you signed anything on the spot, get a copy. Note whether you were given time to think or to take advice.
How long do you have?
You have 60 days from the resignation to file a Section 20 representation with the Director General of Industrial Relations.2
If the claim succeeds, remedies can include reinstatement or back wages, capped at twenty four months for a confirmed employee and twelve months for a probationer.3 None of that is promised.
What should you do this week?
Do not sign anything further, such as a mutual separation letter, without reading it carefully first.
If the pressure came with a deadline to decide, read about backdated resignation pressure. Check the deadline calculator to see your 60 days clearly.
If you want a lawyer to review what happened, send your account to an independent employment lawyer.
If you were told to resign or be fired and want to challenge it, send your account of that conversation. An independent employment lawyer can review whether it was a dismissal 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
I already signed a resignation letter. Is it too late?
Not necessarily. A signed letter is evidence, but not the end of the story if you can show it was forced by a threat of immediate dismissal. What was said before you signed still matters.
What if nobody witnessed the ultimatum?
Your own written account, made soon afterwards, still has value. Related messages, such as a text to a friend that day, can support your timeline.
Should I ask for the ultimatum in writing?
If you can do it calmly, ask your employer to confirm it by email. Some will refuse to put it in writing, and that refusal is worth noting.
Is this different from being asked politely to resign?
Yes. An invitation to consider resigning, with time to think and no threat, differs from an ultimatum on the spot. A lawyer will look closely at whether you had a real choice.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation within 60 days of the dismissal. Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at twenty four months for a confirmed employee and twelve months for a probationer. DNH
Keep reading
If you were told to resign or be fired and want to challenge it, send your account of that conversation. An independent employment lawyer can review whether it was a dismissal 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.