Neeraj 01 May 2016

Harassment and termination

Hi,

I just need to share my past experience with one of my employer, they not only harassed me but also asked me to leave the job.

In 2012 I was working with a will know MNC IT Company in NCR and unfortunately caught with bone TB Which was not identified in early stages. My Manager was thinking that I am telling lie to him because doctors were unable to reach on any decision what has happened. Later on when it got diagnosed and I emailed the reports to Manager and HR saying that this is the problem and I cannot attend the office for couple of months. Despite submitting all the reports and documents my company did not provide any provision of paid sick leave and forced me to do work from home for 1 month and 1 month without pay also. I was completely bad ridden and no other way of earning had to follow my employer.

Later on when I joined the office my relations with my boss were not quite ok and I raised such issues to higher management. Keeping it a personal issue my boss down rated me without any reasons and asked everyone not to give chance in any project.

Despite of that I got one project but unfortunately I could not perform there because I was still under treatment and also in pressure of job since bone TB take 1.5 year to recover totally.

Still I did not get any help from them and finally they asked me to leave without any notice. But their own company notice is 3 months.

I had to leave it without job and rush to Bangalore and luckily found a new job very quickly. I was focusing on my job and nothing else till now.

Can anybody suggest me that if I want to file a complaint against my former employer can I still do? And how to go for it.

I will appreciate any suggestions.

Thanks

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6 Replies

Kumar Doab (FIN) 01 May 2016

You had the full opportunity to build irrefutable written record while in employment.

You could and should have recorded the irrefutable evidence (audio/visual/witnessed/minuted) of demand/force/pressure/coercion/intimidation of resignation while you were sick.

Although there is no ceiling to approach tribunal, however you may avoid proceeding on your own, and show all record and give inputs to an able counsel specializing in labor-service matters and understand the merits and options.

1 Like

Neeraj 01 May 2016

Hi Kumar,

Thanks for your quick reply. I do have many evidence which can prove that how they asked me to leave. I even have a phone call record with HR in which he was asking to resign.

Also, the papers mail and all which prove that they did not provide me any benefit and terminated me.

Thanks,

Neeraj

Kumar Doab (FIN) 01 May 2016

>>> While initiating such threads querist/employee should post full facts e.g;

What is this establishment; Commercial/Industrial?

What is its line of business?

What was your designation and nature of duties as in appointment letter and in practise?

You were located in which state?

The Redg.,reporting,HO was in which state?

What was last drawn salary?

Are you a member of employee's/trade unions?

Does the company have an office at your current location?

The relevant extracts from appointment letter and all rules/policies mentioned in appointment letter, standing orders, and to specific matter as in your case i.e leave/sick leave Policy etc should be posted.

>>> As already posted you may avoid proceeding on your own, and show all record and give inputs to an able counsel specializing in labor-service matters and understand the merits and options.

>>> Have you cosulted a counel?

Neeraj 01 May 2016

I did not consult any lawyer till now.

The company is a healthcare insaurance compnay and having IT unit in Gurgaon.

I was a software engineer. Compnay has office in Bangalore also.

I am not part of any employee union.

I am thinking to consult a lawyer on this issue.

Thanks

Ritesh Maity (Labour Law Advocate) 02 May 2016

Only if you can prove that you were terminated illegally or you were asked/ forced to resign then your case will stand. You can claim reinstatment along with back wages.

However, in your case, if you win, you will be entitled to reinstatement along with back wages (but only for the period between your termination and joining a new company).

Legal dues, if any, can only be claimed. You can consult a lawyer with relevant documents.

1 Like

Kumar Doab (FIN) 02 May 2016

Forced resignation can be termed deemed termination. IN any case if you nprove it then compnay has to tnder atleast notice pay of 90days. YOu may succed for Retrenchment Compensation.

If compnay has an office at bangalore then you may succeed to agitate at bangalore.

However an able counsel that has examined all docs on record and inputs can opine the best on options, forums,merits and remedies.