The straightforward approach of resignation requests is to call the employee for a one-on-one session, explain the situation clearly, lay out facts, figures, and supporting documents, and ask them to submit a resignation or face termination. Most employees initially try to deny charges as allegations and confront the HR manager or the employer, but soon when realization dawns, no matter what the protest and they find no future in the company, they mellow down.
Hear out the employee, and counter all they have to say with facts and documented proofs that make denial or challenge difficult. Explain the advantages of resignation and the possible implication of defiance, such as not getting a good reference and the difficulties in getting another job when fired. Be prepared to offer some concessions such as a favorable reference or additional two-week severance pay, or something else the employee wants to negotiate the resignation letter.
When asking the employee to resign, make sure to enforce it immediately. Hesitating, wavering, or reconsidering after asking for resignation is a sure sign of weakness. The workforce would surely interpret it as such, leading to severe negative consequences down the lane. Provide the employee with no more than a day to consider and prepare the resignation letter, and if the employee dithers, issue the termination letter without delay. Make sure to monitor the employee or restrict access to the workstation when the employee ponders. This not only sends across a sure signal to the employee they have no future in the company, it also blocks the possibility of the employee stealing data or compromising network security in vengeance.
Most employment contracts specify a notice period before an employee may quit, and the same clause may apply when the employer sends off the employee. The company asking the employee to resign obviously means waiving the notice period clause for the employee, but fair play requires compensating the employee with wages for the notice period. The employer agreeing to any other demands made by the employee for resigning voluntarily depends on the extent of effort and hassles to terminate the employee.
Employees forced to resign can still file a lawsuit alleging forced resignation. The court considers resignation under pressure as a type of discharge, but the onus lies on the employee to prove the same, and the inability of the employer to prove misconduct or other valid reasons to fire the employee as a counter to such charges.