Harassment charge
kuzen
(Querist) 08 January 2015
This query is : Resolved
Hi,
I am new to this forum and desperately need some advice. I am an architect by profession and I have been practicing since 6 years. Recently, a fresh graduate joined our firm. I was polite with her, tried to help her when she wanted. In fact, I gave her one of my own projects for her to handle so that she may learn how to deal with clients, make proper drawings, etc. I even told her to keep the entire fees.
She agreed and I handed over the finalized design approved by the client, which is 50% of the work. All she had to do was make the elevation and visit the site frequently as agreed upon.
She used to make mistakes and I'd try to correct her, so that she may learn. But, she thought otherwise and disregarded my suggestions, for which I had to bear the brunt from my boss. To which, I had to be stricter and a little stern in order to get the work done. But, her attitude kept changing and I messaged her saying her to respect and show some gratitude.
Needless to say, she complained to the police for harassment!! Now, since I'm being called by the police in front of my colleagues and clients, most of my projects which was in the pipeline got cancelled.
Can she do that? File a harassment suit against me, when all I was doing was helping her. I might have used sarcasm but never shouted or touched her.
Also, can I get back for the professional image of mine that was tarnished with the accusation and the police coming to my office?
I shall be very grateful if you could please guide me.
ROHIT SHARMA
(Expert) 08 January 2015
1. In fact any such complaint under the Sexual Harassment of Women At Work Place (Prevention Prohibition & Redressal Act, 2013 is to be made u/s 9 of the said Act, addressed to the Internal Committee constituted under this Act.
2. She may have file a police complaint not under this Act but it appears she has filed some other allegations.
3. Meet the police officer and give the true facts of the instance. The police will interrogate you and if there is no merit in her complaint they will not record an F.I.R. Do not fear the police.
4. If need be opt to seek more deliberation and private consultation with this lawyer on this issue. You can get my contact details by clicking my name shown in the L.H.S. of margin of this reply format.
kuzen
(Querist) 08 January 2015
Thank you very much for the response.
Sexual Harassment is out of the question, I mean, I haven't even touched her nor made lewd remarks, gesture or anything for that matter.
I spoke to the P.I in-charge over the phone and he just said there was a complaint against me made by her regarding "harassment". He told me to meet him tomorrow. I do have the text messages that I had sent which clearly has nothing about sexual harassment. In fact, I mentioned how I was thinking of starting afresh with involving her in another project and let the past be forgotten.
It took me years to build a reputation in my profession but the police and my client's dismay tarnished my whole image.
Can I file back a defamation suit against her?
Kishor Mehta
(Expert) 09 January 2015
Sir,
The viability of the police complaint will depend on the terminology and language used in the messages and various meanings that can be derived at.
You can file a defamation only after your innocence is proved in the matter of police complaint.
Good Luck,
Kishor Mehta
T. Kalaiselvan, Advocate
(Expert) 09 January 2015
If it is defamatory, you may go ahead but you have to clear all the allegations against you first and then only you will become eligible for such a case.
kuzen
(Querist) 10 January 2015
Hi,
Thanks for the feedback. I went to the police station today and explained the officer incharge all the details. I showed him the messages and he said "I see nothing wrong in the messages". So, I gave a written notice, as per the Inspector's direction, stating that I'll never speak to her again and both of us will mind our own business.
One of my project, which she was handling is in jeopardy. The client called me and explained her incompetence. After taking about 75% of the fees she neither was she visiting the construction site for inspection, which is mandatory as per Architect and client's agreement nor was she receiving her phone calls.
Due to this I am in between the crosshairs. The client was really angry with me as to how could I send such irresponsible and incompetent architect.
Apart from this project, there are other projects which the clients withdrew when the police came to my office. And, moreover she quit the office.
Can you please suggest me how I can get back at her for messing up my profession, since the "harassment" allegation has been resolved now?
Guest
(Expert) 10 January 2015
Consult a Local Good Advocate and Serve Notice for Irresponsiblity and for collecting the Fees.Mean Time sort of the Issues of work pending even if it affects you financially to maintain the status of your Profession so that the GoodWill of Yours shall not be affected.
kuzen
(Querist) 10 January 2015
Thank you all. I shall do that immediately. I truly and sincerely appreciate all your suggestions.
Guest
(Expert) 10 January 2015
Welcome Please
ADV-JEEVAN PATIL, MUMBAI
(Expert) 10 January 2015
If FIR is filed u must defend case. If not make application to Sr Police Inspector that this civil matter relayed t office work should be of civil nature n settle it.
Secondly see what terms appotment n issue termination letter if u deem fit.
T. Kalaiselvan, Advocate
(Expert) 13 January 2015
You first have to sort out the issue against you with the police by giving a statement explaining all those what you have narrated here and then think about your career development. This should be a proper lesson for you to tackle such situations in future.
kuzen
(Querist) 16 January 2015
Yes Sir, the issue with the police has been resolved. I even wrote an application stating that I won't bother her nor should she bother me in the future.
But, she was again on my throat,indirectly, telling people how I abused her which is baseless. This seriously, is making an impact on my work. Can she do that? How do I stop her? Is the Defamation suit or any other act applicable? Please advise.
