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preetyverma (na)     16 September 2014

Harassement and then termination

Dear All,

I am working for a Bank and on 8 july 2014my superboss sent me to a remote l(40 kms away from my branch) location for dropping the cheque for clearing .The job assigned to me was not  my KRA.I wasn't able to reach the exact location because i didn't had clear idea of reaching there .I called my super boss but he didn't reverted and I got stucked and meanwhile  some of local boys came around and messed with me out of that rage  I called up my HR stating all the incident .They called me back to the branch later I wrote same to them.?They reverted as the matter has been solved but I escalated same to senior management.

On 24th July  2014 , same my super boss gave me a letter of termination .After making many enquiries I came to know that my termination has been done, based on an incident that happend on Oct 2013 that was of cash difference ,which I paid from my side .And they put the blame of cash pocketing ,Last year ,at that time three person took me through a session of questions and answer in which they forced me to accept the that I had pocketed money and  assured me that post acceptance they will recommend me for transfer .Hence I accepted same  because of fear of lossing my job.  After that few people asked me about the case but nothing came as result.

In Jan 2014 my probation was also confirmed.

Hence I made many approach to reach my senior management seeking for proper redressal but they are not reverting back  in a helpful manner.So I am not left out with any other option as my whole career is on  stake.So request you to provide me correct path .

Regards,

Verma p 



Learning

 17 Replies

Q Slinger (NA)     16 September 2014

If you are not smart enough to accept that you pocketed the money under pressure then you are incapable of either handling cash or working for a bank.

 

I think they did you a favour by actually terminating you because I am sure, with your attitude, you would have gotten yourself into a bigger problem

Kumar Doab (FIN)     17 September 2014

 

Approach very seasoned Bank Employee’s Union/Trade Union Leaders and a Labor Law Consultant/Service Lawyer with whatsoever record you have with you.

It shall take some calculated moves, focused efforts to bring you out of the mess and to call back the order of termination. Keep elders of the family by your side.

 

Employee should never act on his own and should always consult. 

Sudhir Kumar, Advocate (Advocate)     17 September 2014

please eleborate how cash was short

Sudhir Kumar, Advocate (Advocate)     18 September 2014

you seem to have already spoiled the case (apparently beyond repair) by confession of dishonesty in cash short.

 

you have given them license to give FIR against you if they so desire.

 

that is the reason I ask why cash was short.

Sudhir Kumar, Advocate (Advocate)     19 September 2014

I am not able to reply in details in the PM so I am reacting to your PM (sentence wise)

 

Sudhir Kumar, Advocate (Advocate)     19 September 2014

I told you ,they took me to my seniors cabin and continuously asked me to confess.

 

Did they beat you.

Sudhir Kumar, Advocate (Advocate)     19 September 2014

 

That session was of three hrs or more and all three people where asking for the same (none of them were having that much good rapport with me as much my bass had although he was my super senior). And after that three hrs I had only one option either to cry or accept in that i started losing my patience and wanted to move out of the room so I accepted.

 

 

Were you the lone female in that room and not even allowed to go to toilet for hours. 

 

What prevented you to dial 100

 

What prevented to report to the police as soon as being released from illegal confinement?

 

Why should anyone believe this story after you have been terminated.

Sudhir Kumar, Advocate (Advocate)     19 September 2014

They were hell discussing about me, my background , my ethics. my biggest point of concern is that they are talking about regulatory guidelines and in banking we submit our consolidated financials on 31 march to rbi so before this we have to consolidate all pendings so howcome this issue raised now? In between of that incident three times the managers are changed then howcome my boss could get this done ?alltough when he didnot have any idea of the incident ? How the organistation allowed me to play key role in the bank.If somebody has lost trust on me then how they could allow me to handle cash again that too large value cash.Lockers ,all important keys ....and on top of it every thing happend after making complaint against my boss,infact somehow I came to know that the issue was dropped because there were no clear evidence as being on cash we do every thing under camera so nothing they found but my boss manipulated it in that way,infact they are saying that he wrote many mails for the same.also one day before one of my collegue came to me and asked me why you made complain against him.

 

Ask management in court

Kumar Doab (FIN)     19 September 2014

 

IN all of the PM’s sent by you, it has been suggested that you should approach Labor Law consultant/Service lawyer………………………and very seasoned bank employee’s/trade union leaders.

You are right that all activities are covered by CCTV and it is usually part of proceedings to refer to CCTV footage………………………….

If you are determined then when you ask around you shall come to know how such offenders are treated.

We have seen unlimited number of times such offenders (please excuse the word’s chosen but it is a fact) being pulled, hooted by unions……………………..female employee’s unions, trade unions……………….and many of them rub their nose on the floor and pledge not to repeat……………………..

Majority of such offenders understand when footwear is waved!

 

The issues is that employee’s either do not unite or do not become members of unions and are ill informed to handle their issues……………………..then they are apprehensive to approach unions and lawyers even ehen they suffer…………………

So many employee’s post their matters but few of them learn how to deal with such issues effectively e.g;

 

 

https://www.lawyersclubindia.com/forum/Holding-of-salary-in-notice-period-of-two-months-109150.asp#.VBxRoJSSwb8

 

 

However discuss everything with elders in your family and choose the option that suits your aptitude.

Q Slinger (NA)     20 September 2014

I think Preety really did steal the money and now is trying her best to get out of the worse situation.

 

From what she posted as replies to Sudhir Kumar's comments, its becoming very evident that she is not been entirely truthful and probably is here to gain sympathy from people and get their support to fight her unscrupulous case. 


This post is a dead cause which is only aimed at wasting peoples time. 

Sudhir Kumar, Advocate (Advocate)     20 September 2014

she is not even disclosing as to how the cash short and wants legal advise.

when confession was forced from her in humiliating conditions she did not call police and even thereafter she did not report to anyone.  All this indicates a pre ponderance of probability (which is standard of evidence in deptt inquiries) that she knew that she is guilty.

Kumar Doab (FIN)     21 September 2014

 

The employee was in probation period and her service was confirmed despite the forced admission and inquiry by a group of 3 persons.

The CCTV footage is referred to in Bank inquiries and is part of internal process.

The Pre Pondrance  of probabilities shall lead to nothing.

The termination order shall have to be contested so that it is called back.

It is reiterated that you should consult very seasoned bank union leaders, retired bank employee, female employees union leaders, seasoned labor law consultant and keep them by your side and fight it out.

You shall learn how to build evidence that you were vindicated.

Your post indicate that you have consulted.

You have acted wisely.

 

Do you have any other choice?

Sudhir Kumar, Advocate (Advocate)     21 September 2014

I generally and mostly  have the pleasure to agree with Mr Kumar Doab. But in this case I am not so lucky.

 

In this case :-

 

(i) she never said that there was CCTV footage of the said meeting

(ii) she never said that she has copy of the footage or can have access to the same.

(iii) she is not even saying whether there is a union in Bank and whether it is powerful and whether it is willing to help in cases confessed by her.

(iv) she is not even intimating whether there is a woman welfare body in the bank.

 

LEAVE ALONE SHE IS NOT EVEN TELLING WHETHER IT IS A GOVT BANK OF NOT.

 

She is lucky to have been allowed out without being sent to Jail.

Kumar Doab (FIN)     22 September 2014

Last Reply:

The querist is no more posting in the thread.

As far as legalities and remedies are concerned those have been discussed in the thread and PM.

 

She seems to have picked up relevant points and must be acting now to defend her interest…………………………………and has not opted for rhetoric and sermons and to prolong and overstretch the thread to infinite limits……………….

 

She does not require CCTV footage. Her line managers required it to establish theft……………………..The CCTV is installed for internal security of the bank and it is part of the protocol to refer to CCTV footage  in case of theft.

If cash is short ‘The cashier’ is not sent to jail just like that.

The line mangers did not act properly.

Her manager as per her wrote so many emails and it is possible that the central office acquired CCTV footage from central record and found no pick pocketing hence her service was confirmed.

The ill informed female employee never had the ability or the resource or the knowledge on how to act

In such situations or she could have succeeded to get the entire proceedings.

 

Rather the conduct of her line managers was illegal and to an extent criminal and she could have sent them to jail.

Even a court martial is not conducted like that.

The question arises why Line Managers, Administrators, HR personnel, Employers pounce on the smallest opportunity to subdue an employee……………………………………………..the answer is they want subdued employees in employment…………………………………..as such employees are like a pet on leash……………………………

Ill informed employees that do not unite are susceptible to such exploitation…………………….and are exploited with impunity…………….

If she has an irrefutable evidence then even if she erred………………………………she can send these line managers to jail……………………………………She was not running away with cash in her pockets.

I have sent a few of such personnel to cool their heels ……………………….and they turned into saint like later…………………….

Jail is also called ‘Correctional Centre’………………………..and it is called so for a reason……………………it transforms the entire personality………………………………..

Leave apart jail I have seen such mangers transforming by just a visit to Thana and Havalaat……………..

 

As suggested the querist may with absolute confidence approach very seasoned, trade union leaders, Lawyer……………………………..and proceed under their advise to call back the order of termination and also make these offenders a party.

 

 


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