What legal action can be taken against forced resign?
I joined a startup company in Delhi on 26th August 2024. My probation period completed on 25th February 2025. I emailed my reporting manager and the head of HR for maternity leave intimation on 3rd February 2025. However, now HR is asking me to resign and is not providing the confirmation letter. They have never raised any performance issues in writing with me, but now they are asking me to resign, citing company downsizing. I am the only employee in my department. They told me that my manager gave a verbal review of bad performance to the management.
You cannot be forced to resign, especially if no prior performance issues were documented. Denying confirmation and pressuring you to resign after applying for maternity leave may violate maternity protection laws. You can file a complaint with the Labour Commissioner or approach the appropriate legal forum for unfair dismissal and maternity rights violation. Consult a lawyer to send a legal notice and protect your rights.
Since you completed your probation, you are entitled to a confirmation letter unless there were formal performance issues, which have not been raised. HR cannot force you to resign, especially due to maternity leave, as it is illegal to discriminate for that reason. Downsizing must follow proper procedures. If they pressure you to resign or deny the confirmation letter, you can send a formal notice or seek legal help to protect your rights. For further legal assistance contact us on our helpline number.
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