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Balaji (Self)     10 January 2017

Manager targeting

Sir,I am working as team leader in private organisation. they instructed me to work in client place. At client place my collegue shouted on me and raised his voice for early logout purpose and same I informed him to meet manager and later manager called me and i explained same to him and in between again my collegue scolded me infornt of manager. and also my manager and my collegue shared Oracle user id and password at client place. Later manager sent an email to me and my collegue saying Displanary issue and violated comapany policy and contact senior manager about this issue. Later my collegue informed through message to my mobile saying his complete mistake for client place incident. 

Later me and my collegue consulted my senior manager above the issue and also my collegue accepted his mistake infornt of senior manager and also he informed that he is going to resign to his job. Senior manager informed us to give individual reply to that email. I given the same. Later my manager came to floor and he taken my collegue who made mistakes and voilated company policy to client  place to work by leaving me at company by showing DISCRIMINATION. later he informed me that till you get further confirmation to company office.

Later he came to company office from client place and lunch time I met him and asked the about work because i was getting emails from client to do work. he threatend me saying he taken negative feed back from client he is going to thorugh out from the company. After that I sent an email (complaint)  to Grievience Team and senior manager  about manager's  DISCRIMINATION and sharing Oracle user id and password at client place. Later Grievience Team forwarded the my complaint to Employee service Team and IT Team and In between my senior manager keeps on asking status about complaint from Grievience Team and IT Team and I sent an email saying please contact Grievience Team and IT Team for status to my senior manager. 

Later HR Called me for discussion and HR informed me that issue got closed from Grievience Team and IT Team and taken feedback on my manager from me and asked what do you want and same I informed to HR that Team change then HR told me she will check my manager and update the same.

Later I contacted the HR about update from manager then HR told me that 'Issue not yet closed from Grievience Team and IT Team' and wait for update for Grievience Team and IT Team. 

My senior manager and HR targeting me one way or other to through out from the company.

Please advise how to proceed with this.

Thanks for ur time.  



Learning

 15 Replies

Ritesh Maity (Labour Law Advocate)     10 January 2017

This case is totally premature for legal advice. Until the company takes any action i.e. issue you any notice/ charge sheet or terminates you, you really cannot take any preventive measure from legal point of view. But if you get any written communication, please do reply by taking help of a lawyer. 

However, from a non-legal point of view, there may be certain steps which you can take and learned members here with experience in core HR can definitely assist you.

Balaji (Self)     11 January 2017

Hi Sir, Thanks for ur quick response. Please advise in case company force me to resign or terminate, what legal action I can take against managers and HR and also mangers shared user I'd and password and they shown Discrimination.Please advise. Thanks

Kumar Doab (FIN)     11 January 2017

You have already written by emails.

Probably these are from official email id.

Do you have copies?

Since you are not attending office now, transact from personal email id and attach email trail of official email id.

You must have narrated in your emails also, everything that you have posted in this thread.

If client has not posted any negative report on you, download evidence and if possible obtain in writing from client and also maintain call log of client asking you to come and perform work.

If you are asked to move away from office/work station/client verbally then narrate it in your emails and that on dated; Mr/Ms…………..asked you to remain out of office/at home, and you are at your home…………….Instead of making phone calls only, narrate by emails also.

 Build irrefutable evidence of your innocence.

Are you a member of IT/ITeS employees’ unions?

Balaji (Self)     11 January 2017

Sir, am still working in company office. I have all print out copies. I didn't get any negative feedback from client but my manager said that they taken negative feedback from client to throughout me from the company by orally. My senior manager and HR playing games with me one way they said issue closed by Grievances Team and when I ask job responsibilities they told me issue still with Greviences Team. Am not member in IT/ ITES union. Please advise if they force me to resign or terminate what legal action I can take. Please advise what legal action we can take against senior manager and HR for their Discrimination and sharing user id and password.Please advise.Thanks for ur time.

Ritesh Maity (Labour Law Advocate)     11 January 2017

Originally posted by : Balaji
Hi Sir, Thanks for ur quick response. Please advise in case company force me to resign or terminate, what legal action I can take against managers and HR and also mangers shared user I'd and password and they shown Discrimination.Please advise. Thanks

If the company verbally asks you to resign, then do not sumbit your resignation. Or simply start your resignation letter with "As per the decisions of the managment, I have no other alternative but to resign for this job....blah blah blah...."

If the company terminates your service, then first send a letter to the company asking them to withdraw the termination and allow you to resume duties. Thereafter, you can take help of lawyers. 

 

Kumar Doab (FIN)     11 January 2017

Take help of elders in the family, competent and experienced well wishers, IT-ITeS employees' union/trade union leaders/your own counsel specializing in labor-service matters to carefully minute  the happenings and build some written record.

The unions can be your support group.

If you have escalated to Greivance Redressal Team then it should reply to you. 

Are you attending office? 

You are in which state?

Balaji (Self)     16 January 2017

Hi All, Thanks for your quick response and time.On 12.01.2017, HR and Senior manager called me and informed that your complaint with Grievance Team got closed there is no base to take any action against your complaint. your manager and your client given feedback and as per them you got 5 rating as Poor performance so as per company policy you have to exit from company today immediately completing exit formalities and then I denied all their feedback and informed to HR that am going to resign my job and came out from meeting room.

HR Sent an email email to me saying " your manager and your client given feedback and as per them you got 5 rating as Poor performance so as per company policy you have to exit from company today immediately completing exit formalities" notice period pay will be credited to your salary account.

 After  5 minutes , I resigned my JOB saying "As per decisions of the management,  I have no other alternative but to resign my job. Please approve my resignation and relieve me as per company policy." After that I sent complaint  email to Grievance team against senior manager and my manager about their harassment and Discrimination marking all CEO and higher authority. Later HR called me and discussed about the issue and later she told me that we are extending your service period and in between if you get JOB come to office complete your  EXIT formalities but you don't come to office and submit your ID Card and leave for the day like that HR told me and also Senior HR Given her email id for future communication. After that I submitted my Company Id card and left the office.

1) Please advise how to proceed with this?

2) " When I asked to senior manager for Job responsibilities, senior manager informed me that " Issue with GRC Team and Employee Service team and IT Team but the person's who are having same issue with GRC Team, Employee Service Team and IT Team,  senior manager made them to work at Client place by showing DISCRIMINATION ..."    Shall I take any legal action against my senior manager and manager because of their Harassment and  Discrimination I lost my JOB? if so please advise.

3) Is it possible to me file DEFAMATION case against my senior manager and manager  because of their Harassment and  Discrimination I lost my JOB? if so please advise.

4) My manager used and shared Oracle user id and password at client place and also its against the policy and my senior manager supported the same. Shall I take any legal action against them if so please advise.

Thanks for your time

 

Ritesh Maity (Labour Law Advocate)     16 January 2017

You can always challenge the termination. 

I do not see any scope of defamation. It is better to consult a lawyer with all documents. 

 

Kumar Doab (FIN)     17 January 2017

The email sent by HR can help you.

Instead of personal dispute you may succeed to raise Industrial Dispute.

 

IN case the rating is POOR then it has to be in line with appraisal matrix and the matrix is to be well defined and made available to employee in advance.

Gossip, rumor, hearsay are not rules/policies.

Employer and its attorney’s in HR/Legal must not behave as street magician and produce things from thin air.

Then employer is expected to provide Training and Support to elevate the performance. 

Hope you have your performance data.

Visit a very able counsel specializing in Labor/service matters.

Take support and help from employee’s/trade unions.

Your counsel can opine on claim for damages as well.

 

 

 

Balaji (Self)     17 January 2017

Hi Sir, Thanks for ur quick response and time. Am from Banglore. Please provide me the details of trade unions and advocate details. Is it possible to me file DEFAMATION case against my senior manager and manager  because of their Harassment and  Discrimination I lost my JOB? if so please advise. Thanks

Kumar Doab (FIN)     17 January 2017

List of trade unions was available at Dept. of Labor website of Karnataka.

You can search lawyers in LCI databank at:

https://www.lawyersclubindia.com/lawyers_search/

Your colleagues,elsers,well wishers cana lso guide you.

You can also visit Labor Court,CGIT,Civil courts, CAT, HC etc ..............

1 Like

Balaji (Self)     19 January 2017

Hi All, Thanks for ur time and quick response. 1) Is it possible to me to take any legal action against my manager and senior manager because of them I lost my Job. If so please advise. Thanks A lot for ur time.

Balaji (Self)     19 January 2017

Hi All, Thanks for ur time and quick response. 1) Is it possible to me to take any legal action against my manager and senior manager because of them I lost my Job. If so please advise. Thanks A lot for ur time.

Ritesh Maity (Labour Law Advocate)     19 January 2017

You can take legal action against your senior manager and manager only if you can prove any illegal act done by them, which I believe that you won't be able to. 

However, if your termination is illegel (which may be atributable to action of the managers) even then the remedy lies against the company and not against any individual. 


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