Home / Law & Rights

Submitting… Bounty 5 points

Employer wants me to sign resignation letter or be sacked, is this legal?

My company suddenly said my performance is bad and gave me a choice: sign a resignation letter today or they will terminate me. I feel pressured and don't know my rights. Can they force me to resign like this?
Anonymous asker ·Asked on 5 hours ago ·5 views ·2 answers
This page contains personal experience shared by users about Law, not professional advice. For important decisions, please consult a qualified professional or official channel.

2 contributors answered

Vincent Beginner First-hand experience
From my experience, do NOT sign anything on the spot under pressure. Forcing you to resign under threat can amount to 'constructive dismissal' or an unlawful termination, and if you voluntarily resign, you may lose the right to claim. In Malaysia, an employer generally cannot just dismiss you without just cause or excuse, and there's usually a process (show cause, domestic inquiry for misconduct). Ask for the allegations in writing and time to respond. Politely say you need time to consider and will not sign today. Keep all documents and messages. You can lodge a complaint at the Industrial Relations Department (Jabatan Perhubungan Perusahaan) within 60 days if unfairly dismissed. This is a legal matter with deadlines, please consult a lawyer or the Labour Department quickly, many give initial advice cheaply or free.
Sharifah Beginner First-hand experience
I went through something similar, and the number one rule is don't sign the resignation under duress. Once you 'resign', it's much harder to claim unfair dismissal. Employers sometimes pressure staff to resign precisely to avoid a proper termination process and paying benefits. In Malaysia, dismissal must be for just cause and excuse, with due process. Tell them calmly you'd like the concerns in writing and time to think, you're not obligated to decide immediately. Save emails, your contract, payslips and any evidence of your performance. If they still push, you can file a representation for reinstatement at the Industrial Relations Department, note there's a 60-day time limit from dismissal. Please get proper legal advice fast, a labour lawyer or the JTK (Labour Department) can guide you on your specific situation.

Answer this

or Log in Answer with your account and build reputation.

Related questions

3
Workplace Life 4 answers Bounty 5 points

Okay ke kalau I resign without another job offer in hand?

Mentally cannot tahan my current job already, toxic boss every day. Very tempted to just r…

6,214 views
3
Salary & Bonus 4 answers Solved

Is asking for a counter-offer worth it when you resign, or does it backfire later

My current company pays me RM5,200 as a senior exec in KL. I got an offer for RM7,000 at a…

725 views
5
Salary & Bonus 4 answers Bounty 5 points

Boss gave counteroffer after I resign, should I accept?

I resigned and my company suddenly counteroffer RM1000 more than the new company. Now I do…

724 views
9
Salary & Bonus 4 answers Solved

If I resign before bonus month, do I still get prorated bonus?

My company pay bonus in March. If I resign in January, can I still claim prorated for the …

526 views
2
Salary & Bonus 4 answers Solved

Boss give counter offer after I resign, should I stay?

Got a new job with plus 40 percent gaji. My current boss suddenly wants to match it. Is th…

332 views
5
Career & Work 4 answers Solved

Resign first then find job, or find job first?

My workplace so toxic already, I really want to quit. But scary no income after that. What…

326 views