Forced to quit my job

A quick guide to help you understand forced resignation, and understand what to do if you are forced to resign.

What is a forced resignation?

A forced resignation is when you feel you have no real choice but to resign because of the way your employer acted. It can also be called a constructive dismissal.

It is only a forced resignation if your employer’s conduct led to you leaving.

This might include your employer:

cutting your pay or hours without a proper reason
significantly underpaying you
demoting you or taking away your main duties
bullying you, or allowing others to bully you
refusing to deal with serious problems like harassment, or
telling you to resign or you will be sacked, fired or let go.

It is not a forced resignation if you:

resign while you are under investigation for misconduct or poor performance at work
resign because you disagree with reasonable changes by your management or performance management.

Was I unfairly dismissed?

Forced resignation can be difficult to prove, and it depends on your situation. This is a good reason to get advice early. Don’t assume you have no claim.

If you’re not sure, get legal advice.

I have already resigned. Have I lost my rights?

Resigning does not automatically mean that you have given up a claim. If you were forced to resign, the law may still treat what happened as a dismissal.

The person who forced you out may say you chose to leave. Whether that is true depends on your situation. It is important to get advice about this, rather than deciding on your own. [link to contact us]

How long do I have to make a claim?

If you were forced to resign, the deadline is usually 21 days from the day your resignation takes effect. Do not wait to get legal advice.

Before you do anything

Keep a record of what has happened. Keep it somewhere your employer cannot access, such as a personal device or account, not a work one.

If your employer offers you a payment or an agreement to leave, get advice before you sign. It may limit what you can do or say later.

Get advice before you resign, if you safely can.

Support

If you need an interpreter, call the Translating and Interpreting Service on 131 450 and ask them to call us.

If you are d/Deaf, hard of hearing, or have a speech impairment, contact us through TTY on 133 677, Speak and Listen on 1300 555 727, or Internet Relay via the National Relay Service website.

Need support, not legal advice? Call Full Stop Australia on 1800 385 578, or 13YARN at 13 92 76 if you are First Nations.