Labour & Service Law

What are my rights if my employer asks me to resign instead of firing me?

Asked by Anonymous · Answered 02 Feb 2026

The Question
My employer has asked me to voluntarily resign, hinting that I'll otherwise be terminated for underperformance, which I don't agree I'm guilty of. What should I do?
Answer — MyLawIndia Legal Team

You are not legally obligated to resign simply because your employer suggests it — resignation is a voluntary decision on your part, and you have the right to insist on a proper process (including, where genuine performance or conduct issues are alleged, a fair opportunity to respond) before any termination.

Resigning "voluntarily" under this kind of pressure can sometimes mean giving up certain protections or remedies you might otherwise have if you were formally terminated instead — such as claims relating to wrongful termination, or entitlements tied specifically to a termination rather than a resignation, depending on your specific contract and company policy.

Before deciding either way, it would be worth understanding exactly what specific performance issues are being cited, whether they're documented, and what your contract or company policy actually says about the termination process for performance-related concerns. Discussing your specific situation with an employment lawyer before responding to your employer can help you make a more informed decision about whether to resign, negotiate an exit package, or contest the matter.

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