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RCB (Software Engineer)     08 December 2011

Defamation case

Hi All,

For questioning the notice period extension and change in the policies of the organisation. The company has issued me a relieving letter, where in they have mentioned a special clause "Behaviour- Unsatisfactory".

This clause is not used for any other employees before. After I questioning this with justifying my performance and behaviour in the organisation through email, they are asking me to send an apology letter so that they can give me a clean chit. I am certainly not willing to do it and willing to file a defamation suit. I had received a good pay hike in three months of joining the company along with employee of the month and spot assessment awards. The HR Head's ego towards the concern I raised had made me to issue the relieving letter like this and at present my future employment is under stake.

I am sure that the HR is not having any proof to substantiate that my behaviour in the orgainsation was unsatisfactory. A letter to CEO and MD of the organisation also did not work. Right know I do have the following options.

1. Apologise or regret for what has happened (I do not prefer this as I (and my ex-colleagues) believes that there is no misconduct from my side)

2. File a criminal case followed with a defamation case to get a clean chit along with the compensation for the future employment threat and mental harrasment.

Your valuable advise will help me to proceed further. And also I would like to know about the court fees that I need to pay to file a defamation case.

Thanks in advance to all contributors.

Regards,

Ram.



Learning

 11 Replies

Rajesh Hazra (Mediator and Legal Counsel )     08 December 2011

Choice is upon you to get a clean chit by either compromising the matter with the management HR or by taking the step of going against the Company and wait for the legal battle to end with a clean chit.

RCB (Software Engineer)     08 December 2011

Hi Mr.Rajesh,

Is this case eligible for defamation? and do I need to pay any court fees to file based on the compensation that I am going to claim.

Thanks in advance.

Regards,

Ram

Venkat Jagadeesh Babu (Director)     08 December 2011

Dear Rajeshji,


Here in this Defamation discussion forum, I want an advice   in my case as follows;

I had collected huge money and invested in business but business got loss. investors are displaying my photo with details in a website to trace me.

Can they do so? Do they have right to do so? If not, can I file defamation against them?

 

Thanks


(Guest)

@ RCB TO SAY THAT SOMEONE'S BEHAVIOUR IS UNSATISFACTORY IS NOT DEFAMATION. BECAUSE IT THE COMPANY'S HEAD'S PERCEPTION ABOUT YOU AND THEY CAN PROVE WITH EVIDENCES. SO WHAT I THINK IS YOU MAY APOLOGY FOR ONE TIME AND REST THINGS GOES WELL. COCONUT TREE IS SO MUCH TALL WHEN IT BENDS IT BREAKS" SO DON'T BE LIKE THAT AS YOU R A HUMAN BEING. BE HUMBLE AND ALL WILL GO WELL.


(Guest)

@ VENAKTASH YOU R BUSINESSMAN AND BEING A BUSINESS IT IS YOUR STRICT LIABILITY TO COMPENSATE ALL THOSE WHO HAVE SUFERRED LOSS BECAUSE OF YOUR BUSINESS. IF THEY APPROACH TO COURT WARRANTS WILL BE ISSUED AGAINST YOU, WHATEVER THEY HAVE DONE IS NOT DEFAMATION

RCB (Software Engineer)     08 December 2011

Hi Mr.Shally,

The HR head had spoiled my name in the small IT market. There is a threat for my current employment and my career is under stake. Whenever there is a background verification by my future employers, the HR team will definitely make some adverse comments about me,which will ruin my life.

 

If not defamation, how an employee will be compensated with the false allegations that the HR head is making?

V. VASUDEVAN (LEGAL COUNSEL)     08 December 2011

Where is the location of your office. Under the Shops & Establishment Act, an employer is obliged to give a service certificate which would simply provided the duration of service. Demand for this and obtain. No need of production of relieving letter.

vasudevan

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     08 December 2011

Aggrieved investors has to have a channel to ventilate their agony. It would be ideal to convene a meeting of the investors and proposal a repayment/settlement schedule. This would be a positive endeavour rather than confronting them. You are legally and morally duty bound to protect the investor's interest.

vasudevan

1 Like

RCB (Software Engineer)     08 December 2011

Dear Sir,

 

My office is located in Bangalore - Karnataka (A software company). Will IT industry can be brought under the Shops and Establishment Act? Can there be a defamation case filed for spoiling my name in the small ERP market that I am working?

Thanks for your advise as always.

DR.SANAT KUMAR DASH (Eye Specialist)     08 December 2011

Whether    a   false   allegation    about   the   conduct   of   an   employee    by   a   Superior   Officer  in   the    Government   Sector   is   Defamation   or   not???   Whether    the   Employee    can   file   a  Defamation    Suit    in   the   Court   against   his   Superior   Officer   or   not??   

Kumar Doab (FIN)     08 December 2011

The Head of the company has to have a balanced head act in all reasonableness and fairness to all employees. The company with a Head of company with a rotten head shall be better without a head.

Head-HR is a good office of the company and Head-HR should be unbiased and refrain from acting with ill inner wishes and hell bent attitude. Head –HR is not an ordinary, entity in the corporate office but an imp. Individual kept to prevent damage and if damage is being done to undo the damage. Head-HR is not kept in the office with the very best of privileges and perks, to demolish an employee. Moreover when Head-Hr knows that his/company’s case is weak; he/she should retreat and protect the company.

The sequence of the events indicates that this Head-Hr has not acted with balanced head, and now has resorted to coercion, threat, and pressure tactics. It is for this reason only the superior HR in US has acted to undo the action of Indian Head-HR.

It shall not be that easy to defend the company since the sequence of the events expressed by you in your threads indicates company is weak. The superior HR in US is wary of lawsuits, and knows that a firm employee can tame them as well.

It is felt that chasing your case with force shall be rewarding for you as you have to defend your future with guarantee. Kindly consult your lawyer with all records and provide the detail of events and inputs. There may be avenues in addition to defamation.


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