Harassment and Termination

I am working for one of the top IT companies for more than 7 years as a manager. I have clean records until now and I was promoted as a manager 4 months back. I was contracting for one of our clients in United States. I was on deputation in US with a H1B visa. Around 50 days back, I filed a harassment complaint against my supervisor. During a casual discussion, she said "Show me your butt and I have to hit you". I was interviewed by HR folks. My company has an internal grievance procedure that takes care of these issues and the outcome of this complaint hasn't been disclosed yet. A week after this incident, all of a sudden, the client manager said he is not satisfied with my performance because of which he is releasing me from the project. A week after this incident, I was asked to not to enter the client building. Someone in the client company in the US (who was talking to me very friendly until the last day I met her) filed a harassment complaint against me stating that I come to work and leave the work at the same time as her (indirectly she says that I am following her). I don't know when this complaint was filed. I was investigated by the HR folks in my IT company. They are telling me that the company's internal grievance procedure is still analyzing this issue for more than a month. They intentionally kept me on bench onsite pending the outcome of this complaint. All of a sudden, they told me that I am on H1B visa and since I don't have any project, I was asked to return to India on Friday afternoon within the next 24 hours. They chose friday afternoon since I wouldn't be able to contact any attorneys. It looks like they were afraid that the complainant in the client company would file a lawsuit against my IT company. They handed me the flight ticket and the HR manager accompanied me till the parking lot to make sure I leave the building. I don't know if they have sent a mail to INS to cancel my H1B or not. After returning back to India, I haven't got any updates from HR. Since I am no longer in US, can the complainant still file a lawsuit against my IT company? Will they terminate me regardless of whether they find me guilty or not? Since I have also filed a complaint against my supervisor, will termination be considered as retaliation? If they fire me, do they need to give me any notice in advance?

You are certainly to be served with a notice in case your company chooses to do so. Otherwise the termination is bad, whatsoever your conduct be.

Regarding the filing of lawsuit against your company by the client company, it again depends on the nature of the crime alleged against you. But since you are no longer in US, I feel that the client company would not resort to any legal proceedings.

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FREE LEGAL INFORMATION

I sent a mail to my company asking them the status of these harassment complaints. They sent me a reply stating that I have been placed on suspension (which is a shock to me because it wasn't communicated to me beforehand) and I won't be paid the regular salary pending the outcome of the complaint.

They also disabled my email id without notifying me. Is it legal to place an employee in "Suspension pending enquiry" and disable email id without notification?

dear
management can suspend you and can disable your mail ID but during suspension they have to communicate u about your suspension and pay u during suspension.
but suspension can not be for iondefinite period they have to serve you charge sheet otherwise they will loose the legal battle.
tks
j s malik

It has been a week since they put me on "Suspension pending enquiry". I haven't heard back from the HR department yet. Wondering what's going on...

Dear Friend

After gone though the problem of your's, i understand that the adquate and fair opportunity was not given to you to defend your case. It is in general practice that if any employee makes an allegation against his co-employee of the same organisation, the greviance committee constituted for that purpose starts its proceedings and strive to secure the reddrassal of the same with out any delay. While doing so first they have to get the facts from the complainant and thereafter from the employee on whose against the complaint lodged. Next step is to hold an prelimanry enquiry in the presence of both complainant and accused. each party is to be given an opportunity to cross examine the witness of the other. Then only the reddressal committe is in a position to give their findings to the disciplinary authority for taking suitable action aginst the employee who is found to be guilty of the charge leveled aginst him.

However, in your case it is very unfortunate within 4 months of your promotion as Manager, an allegation has been made against you by your collegue, which has been investigated in your back and even the out come of the investingation was not informed to you. It is a fit case for reference to appropriate forum in the US it self so that you can get a speedy remedy.

However, the details furnished by you is not sufficient to give suitable reply for appropriate action to be taken against your employer. Pl. contact any eminent labor law advocate to proceed against your employer, if you sure that you did not commit any misconduct as per the service rules of your employer or employer clints company.

NVRao
Hyderabad.