Workplace harassment and wrongful termination
Aneesh khan
(Querist) 14 August 2016
This query is : Resolved
Hi
I joined a LLC on 4th July as a Sr Business development executive . They also hired an operation manager who joined on 2nd July. So basically I need to report to him because all the other top management are in head office (Mumbai). from 1st week of joining the manager started threating me for the job as he does not like me. I moved in near the company because of that and it cost me 30K.
Since I have not got the basic things required for the job (i.e system,phone,business cards) I prepared few marketing ideas which I have shared with Director as well and after the approval I made facebook page, instagram account etc. and started promting them. it will help me in selling the product eventually.
On 20th July I got the phone number and business card on 22nd July and I have started calling customers from 20th July.
The problem is there is not even a single day went without this manager not de motivating me. from 1st week of joining he started threating me for the job.
In the mid july he started telling me that if I don’t give a closure EOM then you will lose your job. I told him that I am working on it and its only been a week I have got the basic things required however I will try hard and give you the closure ASAP. And by the end of july I sent him my pipeline report stating that my clients work is in post-production and they will send the article by 2nd week of august. However on 30th july we had a meeting and he said that since you did not give any sale for this month so this is the end of the road for you. I explained him the situation that its only been 10 days I started working and whatever you are saying is not professional. I will bring the business but it’s going to take little time. Then he sent me a mail that now I am giving you 1 week and you have to bring 3lakh worth of business. And every day he bothered me though I sent the DSR daily.
On 4th august I had a meeting so I went to the manager to report about the same. He stopped me and told me that he wanted to speak to me regarding my clients.
Then we went to meeting room where he asked me for the business card of my client and let him speak with my client as he wants a confirmation about my DSR. I refused as again this is not professional and if I do that it will scar my relationship with the client then he said that I am terminating you and asked me to leave and told the guard not let me inside the office premises. After half hour he called me in and asked to handover things. Since then he is pushing me to give the password of the system and return the sim card.
I told him to give me everything in writing and then I will give you the handover.
I escalated this issue to HR and even the top management but they did nothing about it.
However they took my acess and sent me an email of tenure closure.
I want to take legal action against this please suggest or contact me for further info.
PS: I have every proof of what I wrote above.
Aneesh
Ms.Usha Kapoor
(Expert) 14 August 2016
Dear Client,,
The Manger's attitude is nothing bur-t unfair Labor PRACTICE AND VICTIMIZATION AND highhandedness AND ARBITRARY. yOU ISSUE A legal Notice TO THEM AS TO WHY DESPITE PUTTING IN YOUR BEST IN A BONAFIDE MANNER WHY YOU'D BEN SUBJECTED TO VICTIMIZATION, HARASSMENT DEMANDING PAY IN LIEU OF 1 OR 3 MONTHS OF NOTICE PERIOD.
After WAITING FOR 30 DAYS TO GET A REPLY WHETHER SATISFACTORY REPLY COMES OR NOT YOU CAN MOVE THE LABOR COURT FOR REINSTATEMENT AND BACK WAGES. Did THEY GIVE YOU REASONS FO TERMINATION IN THE TERMINATED ORDER, or IT'S NON SPEAKING ORDER YOUR SUCCESS IN COURT WILL BE EVEN higher..
Rajendra K Goyal
(Expert) 14 August 2016
Your service rules, copy of appointment letter, termination letter need to be referred, please discuss with local service law adviser.
Kumar Doab
(Expert) 14 August 2016
You have posted that:
"I joined a LLC on 4th July as a Sr Business development executive ...................he said that I am terminating you and asked me to leave and told the guard not let me inside the office premises. After half hour he called me in and asked to handover things..........................I escalated this issue to HR and even the top management but they did nothing about it.
However they took my acess and sent me an email of tenure closure...........................................
PS: I have every proof of what I wrote above."
Probably term 'tenure closure' posted by you implies termination/dismissal/discharge?
It seems No opportunity of hearing was granted.
"Then we went to meeting room where he asked me for the business card of my client and let him speak with my client as he wants a confirmation about my DSR. I refused as again this is not professional and if I do that it will scar my relationship with the client then he said that I am terminating you "
Delicate area.
Since employer may want to get in touch with client reported as contacted by you in DSR.
If the report is fake it is misconduct and company may act in accordance with its standing orders/service rules..............
Still if any report was fake, company could have issued Show Cause notice, conducted inquiry.
Like you have record of everything, does your manager/employer has record of denial of business card of client by you?
As per nature of duties on record,in practice, posted by you it is a hunch (without examination of documents and record and inputs) that you may covered by the def. of 'Workman' as in ID Act,'Employee' as in Shops & Estbs Act.......................even if Senior & Executive has been added to designation given to you.
You may certainly approach a very able counsel specializing in Labor Law/service matters with all record that you have, for a considered opinion.
Aneesh khan
(Querist) 15 August 2016
No hearing granted to me or no show cause notice given however when i spoke to the HR and sent her a recording where manager is threatening me and asking me for my system password and telling me to handover things.
But i did not get any reply about this situation but got this email given below on 12 august instead.
i have not replied on this email as i want to know what action can i take about this?
PS:i have got the salary for the month.
Hi Aneesh,
Kindly treat this mail as a formal notice for ending your tenure with Urban Studio w.e.f 1st August 2016, we have tried working with you however we due to issues with On time, timely reports, zero revenue generation apart from attitude, we would not like to continue this further.
Kindly hand over office Assets to the Hema at the earliest.
Aneesh khan
(Querist) 15 August 2016
i would like to mention that i joined on 4th july and as er the above email they are ending the tenure from 1st august. this does not complete even a month so can they do this?
Please suggest
Kumar Doab
(Expert) 15 August 2016
"But i did not get any reply about this situation but got this email given below on 12 august instead...................Kindly treat this mail as a formal notice for ending your tenure with Urban Studio w.e.f 1st August 2016"
Apparently the notice of (30days) termination is dated;12th August,2016 and has started from 01st August,2016.
Are you attending to office/job since 01st August,2016, and/or marking your attendance?
IN this email it is not mentioned whether you don't have to come to office during termination notice period.
If you have been blocked from attending office you may mention that and you are at your address and deemed as present on job. OR Company may mark you absent during notice period and square off your dues/may not pay salary during notice period.
If you are asked to come to office staff may ask for device having recording or delete it etc etc
Allegations have been leveled on you.
You should ideally reply to good offices of appointing authority,MD, by letter thru Redg. post .
Preferably your able labor Law Consultant/Service matters lawyer should draft and structure your reply.
If you have the evidence you may have a good case.
During this period you can raise dispute and agitate if you are victimized.
