Illegal Termination.
Querist :
Anonymous
(Querist) 25 March 2011
This query is : Open
Respected Sir / Madam,
I reside in Mumbai & was employed with the largest BPO company of the world in its Mumbai office for 2 & half months.
During my training I used to get harrassed by one of my batch mates, he use to harrass me daily in the training class in front of the trainer.
But the trainer did not use to pay any heed to it.I had escalated the issue twice to the HR & the trainer via email. But they did not take any action on that guy. Since i had escalated the issue so the guy wanted to take revenge on me.
On 19-1-11 when we were returning home in the same office transport,that guy abused me for no reason & started beating me inside the car & dragged me outside the car & severely beat me. Seeing this a large crowd gathered on the road & wanted to lynch the guy.
But I made the driver rebound the car back to the office & met with the training managers & HR upon returning to office. I sustained injuries in my rib-cage for which i had to visit the doctor, undergo X-Ray & medication.
The HR assured me that they will take action on that employee. But after 15 days they said they have done investigations & had found that I was equally involved in the fight (which was sheer untrue).
Even after the incident I used to go to office almost daily & once during my shift the HR called upon me & asked me to write a false statement, stating that I was equally involved in the fight so I want to resign on personal grounds, which was absolutely false.
When I denied to write that "false statement", they said if I do not write that statement, then I will be terminated.
Hence they sent the "termination letter" to my address on 3-2-11, as I was under "Probation period" as per the appointment letter.
Although the "subject" of the letter said "termination letter" but it did not mention neither the incident nor the reason for termination.
It only mentioned that I "was not found suitable for the job" & so they are terminating me. They have given 1 month salary as compensation, but I was entitled to receive joining bonus as per appointment letter, which they have denied to give.
Now, I want to sue the company for their gross injustice & the negligence of the HR to handle the issue effectively & also to get monetory compensation.
As evidence,I have the copies of the email complaints against that guy in my mail box, which I had sent to the HR & the trainer before the incident took place.
I also have recordings of the telephonic conversations with the HR after the termination.
The HR terminated me because even after repeated escalations they failed to control that guy & take necessary steps to ensure my safety in the office premises & office transport. As the HR was negligent, irresponsible, incompetent & failed to do their job appropriately even after multiple escalations. Hence to save themselves from questioning by higher authorities, the HR sacked me illegally.
So could you please advice me whether I have valid reasons to file case against the company or not & what else, as evidence I would need to defeat the company in the labour court to get monetory compensation or get re-instated.
I will be very grateful to anyone who advices me in this regard.
With thanks & regards,
Anonymous.
