Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Shah01ankita
Talent Acquisition / Consultant - Catalis
Hemank007
Embedded Engineer
+4 Others

Dear Seniors,

Need your help on one my query request you to please help me I will be very thankful.

I am an employee in a Pvt sector Bank and my current designation is Branch Operation service head. in April month due to some unpredictable reasons I had been absent from 25/04/2013 to 26/05/2013 from my service and the actual reason of my leave was that on 24/04/2013 one our lady staff (working in our other branch) make false allegation with me that we had got married last five year back and now and going to remarriage as per my family planning the lady is already married and mother of two children and also claim herself to be divorcee she logged a FIR in police station so in that case police had charged me some and I was one month in judicial custody due to false allegation.

Now on dated 20/04/2013 respective Session judge issued me a bail order because that lady not able to provide any avoidance for all allegation. And now she complaint the same things to our HR team and now HR is not allowing to continue my job and by force pressurized my resignation without issue any notice and office memo. and also said if I did not do the same, they would forcefully terminate me I asked to him please take my written explanation and reason of my leave but they refused all the things and not allowed me to sit in the office.

On dated 30/05/2013 they had issued me a office memo and the memo was dated 16/05/2013 there company is expecting from me that I suppose to report the branch before 21/05/2013 which is not possible because i had received that letter on 31/05/2013 and finally they had issued me my termination order saying that I was on unauthorized leave and not provide the proper explanation of my leave while I was already report the branch on 27/05/2013 and marked the attendance in register. although my HR know all the things very well because on 25th April 2013 I had handed over all the branch related keys (CASH and other branch premises keys ) which lived with me to one our other branch staff and also inform the incident to my reporting manager and Resign Head. but still they are saying that I was in without informing leave and further is was impossible for me to submit my leave request on written because I was in judicial custody and they have force fully terminated me.

I had more than 4 year and 8 month work experience with this company and I am a regular performer of the company I had got regular hike and salary increment year to year in this company and I have no any such complaint and issue in my past service.

So please guide can my company terminate me without any prior notice and office memo. Can I take a legal step on that against my HR

Thanks and regards

Balraj Singh
22nd June 2013 From India, Noida
U need to consult with a lawyer , in your situation no one can terminate you. You can claim for damages even from the organization and people who is supporting the lady for false alligation.
Meet the lawyer and do not sign any paper in the company. They cant terminate you without giving any notice and this is not a reason why company would be able to terminate instantly.
22nd June 2013 From India, Mumbai
Hello Balraj Singh,
You mentioned that you got the Memo dated 16/5/2013 on 31/5/2013.
How was this delivered to you? By Post OR by courier OR by-hand? If it is by Post or Courier, there should surely be a sent date-stamp on the cover. That will prove when it was ACTUALLY sent to ylu--irrespective of what date is mentioned on the Memo.
Like the earlier member mentioned, they Bank can't terminate you this way. Looks like they have pre-judged the issue & made-up their mind to terminate you & sent the Memo late to ensure it reaches you after the Joining date mentioned in the letter [21/5/2013].
Pl consult a lawyer ASAP.
All the Best.
Rgds,
TS
22nd June 2013 From India, Hyderabad
Dear Sir,
I eceived the memo on 31/05/2013 thru speed post and the same was booked for delevery on 30/05/2013 and the letter with me with proper envelop where the speed post sticker also avilable.
thansk and regards
Balraj Singh
22nd June 2013 From India, Noida
Hello Balraj Singh,
The sooner you contact your lawyer the better I guess.
You do have a very strong case in your favor--except that you need to go thru the tension & delay in the process.
All the Best.
Rgds,
TS
23rd June 2013 From India, Hyderabad
Dear Balraj,

What is understood from your narration is, your organization has terminated you without understanding the whole issue. An employee cannot be terminated in the first place, without proper investigation of the details and substantial evidence. Your HR must be well aware of the consequences of terminating an employee without valid reason. Based on a mere allegation and false implication, they should not have taken such a drastic step.

On your side, before proceeding on leave of absence, you should have submitted a written note of all the happenings to your immediate boss with proper acknowledgement, that would have shielded you from your HR from terminating you. Recognition of your efforts through yearly increments and salary hikes is a part of business. You also stated that the court has released you on bail. Your HR must have contemplated it from a legal perspective. Even though you don't have past history of such incidents, from company's point of view, it appears that as a defensive action they acted in this manner. Don't loose your courage and don't get frustrated. Keep enough evidence and witnesses on your side that prove your innocence. Though consulting a lawyer may be of some help, before doing that please approach the top management with all the details and records of the case and explain them. Who knows, they may understand your case in a sympathetic way and may reinstate you. All the best.

With regards,

Madhusudan
24th June 2013 From India, Vijayawada
The point of argument chosen by the lady is both Balraj and she are married for five years and suddenly declares this after such a long time. Why she took such a long time if they are really married? that too employees of same organization marrying each other. Is the organization blind to such important events. How the parties involved in this issue are managing health insurance without proper details submitted to the organization? What are their nomination details? Would all these things not shed some light on the hidden facts? The lady claims herself to be a divorcee. To whom she is married before and from whom she is granted divorce? If she is married to Balraj then what has refrained her from disclosing the details to the organization before? Details are not evident.

Here, one thing may be considered by the senior members while addressing other members as male chauvinists that it is objectionable because nobody spoke a word against the lady nor disrespectful to the lady. The members were only trying to ascertain the details of the case presented and think from different perspectives. Each person has his own view. That necessarily not be for or against the parties involved in the case. As this is professional forum for all members irrespective of seniority / juniority to share their opinions, there should not be gender bias. Senior members may please rethink before posting any comments.

With regards,

Madhusudan
24th June 2013 From India, Vijayawada
Dear Madhusudhan,
thanks for your valuable time.
The same thing I asked my HR manager if we were married five years back, why she did not tell this to anybody in my or her family. Why she did not even tell this to HR department? for their information. Why she did not carry my cast with her name as per Hindu religion? Why she did not use title Mrs. How did she remember about our marriage only after five years when I was going to get married?
She had done only to create the problem in my marrage and HR also suporting her even asking any question to her any question allowe to work with the orgnasition and she is working proprely in office.
thanks..
24th June 2013 From India, Noida
My dear Madhusudan

By taking objection and offense to a part of my remarks "... reflect the typical male chauvinism" you have once again highlighted the predominant societal trend.

My comments were caused by no consideration or thoughts about the lady who had made such a claim or complaint.

How can a working lady (a co-worker), who is a divorcee and presently having two children; shall raise such a dispute without any reason ??

However, there were no questions put forward on this.

Does it not mean that it has been ASSUMED PRIMA FACIE that working ladies or divorced ladies are LIKELY to put such FALSE CLAIMS even when a person has nothing to do with it or has NO CONNECTION with the matter.

You may kindly like to explain what kind of ATTITUDE such acceptance imply.

Also, it has been assumed that the allegations are FALSE, in spite of the very fact that the person has been in judicial custody for a month over it.

In fact, that was the reason, I was awaiting responses from lady members; so that they can present another dimension or new insight.

Moreover, it is strange that under the circumstances, no complaint of sexual harassment at workplace was made; instead there is just a claim for legal status as a "wife". to me that indicates the absence or lack of hostility. However, this angle has not been probed further.

I request you to come forth with your explanations, if you have more experience in such matters.

Also, I express my apology in case I have hurt yours or others sentiments; I admit that I do not have much experience in such affairs relating to female colleagues, (whether married, unmarried or divorced with or without children), at office.

Also, I totally agree with your contention :

In fact this is what is expected from all; thus my views ( and just the phrase "" ... reflect the typical male chauvinism." ) should not be opposed or attacked.

Warm regards.
24th June 2013 From India, Delhi
Dear shri Rajkumar,

I appreciate your logical thinking and welcome your point of view. Since this being a professional forum, I thought that what I write should not be misconstrued. As a senior person you know very well that lady members contemplate a lot before voicing their opinion, particularly in a case where the member of the same gender is involved. It is however, up to them whether to comment on such matters or not. My point is, unless the circumstances that led to the divorce of the lady so claimed are known, facts cannot be established in this case. For me it is not wise also to comment on such matters.

However, I still feel that Balraj was sent to judicial custody based on prima facie assumption by the court on primary accusations levelled against him by the lady. Moreover, if the lady is making complaint on sexual harassment grounds, it may end up in some kind of action on Balraj by the company and in such case she would be a loser and not going to serve the purpose intended by her. Hence, she chose a different approach to get the "wife" status. My intention is not to oppose or attack your view point.

Best regards,

Madhusudan
24th June 2013 From India, Vijayawada
Dear Madhusudan
Thanks for your prompt response and participation.
No offence was meant to you or anyone. I wanted more clarification on the issue; more than what meets the eye; and participation from lady members so that there are different perspectives and viewpoint, as this is a complex issue with no unique solution.
Thanks again for taking pains to clarify.
Warm regards.
24th June 2013 From India, Delhi
Dear Balraj

first thing is to make it clear that when you were taken in custody by police in April... prior to your arrest you informed about the incident/cause of your arrest to your immediate senior to whom you are suppossed to report... if you have done it then the proper process for the management is to either initiate departmental inquiry or to suspend your job till the result of the case filed by the lady... and depending on the result of the case they can terminate you in case you loose and other wise you will be reinstated on the same post... but it will take time (4-5 years) ... first you do make a representation to your management about the whole incident and assure them that you will follow the orders of the Management in case the decision goes against you but as you have done nothing and the allegations are wrong so till then you be allowed to continue on your job as it is a situation of survival...

after making representation... if the management did not accept your representation... then you need to get support of Lawyer... and i advise you to make the representation also with the help of the lawyer ...
25th June 2013 From India, Delhi
May be Mr. Balraj is not officially married, but was he having an affair ?? or live in relation with the lady ?? Normally when a lady that too a divorcee is working, some guys try to take advantage of the situation with some false promises to get married etc., etc. Situation, Sympathy, promises, adorable words makes her to believe them. When the promises are not kept up, with the fear of losing the guy she depended, she might have revealed the secrets. There are such incidences. Mr. Balraj is not my target please, but request the seniors to please focus on the other face also.
No complaint of sexual harassment at workplace was made - may be both were in good terms till then.
If Mr. Balraj is so innocent, why she will take revenge untill he gets into Judicial Custody? Why she was against his marriage ? These things are not easy to prove. Court needs evidences. Many times many things cannot be proved with evidences especially these kind of.
Regards,
25th June 2013 From India, Bangalore
Was this one month's long leave communicated directly or indirectly to your seniors? DId your family member(S) try to convey the message on your behalf to the right authorities? Atleast a phone call?

She falsly alleged that

1) You married her 5 years back

2) Now since you are planning to get married to someone, you mean to say she just wishes to hamper that or stain your character by this.

You said she is a divorcee and mother of two children.

Can you let us know the tenure of employment with the company - both yours as well as the lady's.

You said you were in custody of police from 25/04/2013 to 26/05/2013. How can the judge issue you a bail on 20/04/2013 when you were not in police custody that time????

Please proof read and make changes....

Assuming that you meant to say it was 20/5/2013, so since bail was issued on 20th may what you did in the lock up till 26th may???

Secondly, what makes me think is

Just because I go and complain in the police station that I've been married to XYZ for so long and now he don't own me and is trying to get married to someone else, do you think the police will go and arrest Mr.. XYZ???

I will have to first prove that I have been married to XYZ.

Did you ask the police about the arrest warrant or any proofs against you?

Photograph or Marriage certificate or witnesses?

Who signed in front of the registrar to get your marriage soleminized???

or do you mean to say that police were able to keep you in police custody for around a month's long time without any proofs against you???

Please explain the confusion and the gaps....

I think the matter is being escalated in your workplace. You are being terminated for many reasons -

1) Unexplained and uninformed leave for a month

2) Been in police custody for so long (for whatever reasons)

3) A lady is accusing you of marriage.

Think from a company's perspective, a company don't want to keep a person who has a case filed against him. I can understand you're still not proved guilty and hence have equal chances that you're right in your place. But the unexplained prolonged leaves is enough to terminate you. Just check the separation policy in your appointment letter or the consequences of taking unexplained leaves for such long duration in your employment manual.

This is a problem because i believe in your posts ahead you did mention that the letter was sent to you via speed post that bears the date as 30th May which was delivered to you on 31st May. However in the letter the issuance date is 16th may and they asked you to meet them on or before 21st may. here, the case in your favor and you can seek explanation.

Getting regular incentives for your performance is a good thing.

Next, did they mention that they're terminating you on performance grounds? So how does this become relevant.

If we look at this generally, just because a person is a good performer don't define his/her character.

I do not mean to point you out but just a general note that we can't take this argument and it won't work for you.

=============

These arguments are not much valid for the following reasons or counter arguments -

(Please note that following is just a general statement and do not take it personally. I wish to put forth the two sides of the case. I want to be a devil's advocate and present you both pros and cons. Stated below are things that can work against you or arguments against you.)

She may argue that you both fell in love, but both of you knew that there would be complications. So you got yourself married and hid it from families to avoid a scene. It is possible that the female claims that the male promised her that once they get married, he would eventually let his family know about their relationship and would convince them to accept her. But till that time they should live normally as they did. She was waiting for him to convince his parents but now since his family is getting him married, she has no option but to blurt out the truth.

The above statement is one of the possibilities... There may be other things, can't think of it now...

About using the title - Mrs or using the husband's surname, would again like to add that there are many females who do not change their last names after marriage. I have a female colleague who's married but uses her maiden name. My cousin uses her maiden name. You can't have a doubt because of that. A lose factor of argument again. I do not know how legally binding it is to adopt to husband's surname, but increasingly females are not thrashing their maiden name.

Again if you are raising this argument, one will ask why should she bring problems to your marriage? Is there any differences between you two?

Why would any dignified lady claim herself as a wife of any man and too for such long tenure of 5 years????

Any explanations???

25th June 2013 From India, Mumbai
dear balraj,

only i suggest you. firstly you collect all evidence which prove your innocence.you were terminated due to lady who worked with you. she made false allegation that you married with her five year back of termination. Beside she is mother of two children. how is it possible? a lady have married either with two man or you are father of two children. any more,

2- bank terminated you without memo or notice. if memo is given you after knowing the incidence which happened between you. you were absent on long leave that is without information or unauthorized as per your company. did you inform during this period ? if not? why? you have to give strong reason against it.

3- false allegation was made for you. you collect all evidence that prove blamelessness.as birth date of children,name of children father & etc.

4- if you involved in evil activity. it is better for you don't try to go ahead. if you are not satisfied & think blamelessness. so, you consult with lawyer.

5-if any reason or remark is mentioned on termination letter. you read carefully than take any action.
26th June 2013 From India, Bangalore
Dear Ankita,
I know being a woman you will always take woman side but in my case I had writing actual fact in my quarry there is any love and other matter and lady is seems some mentally upset and respected High Court Allahabad already stay the case on 1st August.
So please advice on basis of High Court order can i claim my job with my HR with loss of composition.
thanks and regards
Balwant Singh
5th August 2013 From India, Noida
Dear Balwant,
Grant of stay in the case cannot be claimed as a relief or entitlement to claim your job back with compensation. Final verdict in your favour in the case by the appropriate court of law, can only prove your innocence. Also remember that the case can be contested in Supreme Court by the lady. The onus to prove your innocence lies solely on you. Let us hope for the best.
With regards,
Madhusudan
5th August 2013 From India, Vijayawada
Hello Balraj,

If you'd re-read my post, you'd understand I have taken neither sides...

All I did was the postmortem of your post.... Whatever you wrote, is accepted... And you are proceeding to the court of law to seek justice is the right way.... My post is just to let you know that it is very much possible that people will take it from the female's point of view...

See it is very natural that if a female will scream and shout, the people or passerby will judge the male and not the female....

Same will happen with you irrespective of the genuineness of the case....

Please remember that we need sufficient proofs to set our case and bring out the truth... else be prepared that the decision may be softer on the side of the woman.

Our law is developed to protect women, and unfortunately some females are misusing the laws... I agree to that.... and hence am telling you what arguments will come which you'll have to be prepared for ans answer in order to prove your point...

Wish you luck...
6th August 2013 From India, Mumbai
Dear Ankita,
I agreed with your point but in our present social network there is many women misusing the low. if you see in a present time there is so many same case where the female is wrong they are using the male only for her self-seeking. Everything is going Ok if the thing is going as per there requirement but if the situation is not going as per there requirement than they are misusing the woman right. and making such like fake FIR with wrong allegation.
In my case I had written in my true complete story she is saying she had married with me in a temple but she doesn’t have any proof like photos and anybody witness and there is no any medical report of for proof of any phiycal relation and I never go in any temple.
So my only point is being a senior and have a most respectable status you people only can advice because you can only assume the matter you don’t know the actual realty and people are using this side only for your best advice.
regards
7th August 2013 From India, Noida
Mr. Blaraj Negi,
Only if you could keep your hatred for women aside whilst reading my post would you realise that I already mentioned the fact - It is sad that few women are misusing the law created to protect women's dignity and her rights...
Secondly.... I had already asked you how is it possible that without any proofs you were in the custody for 1 long month...
I never said you're cooking up the story... I never took the female's side...
I just informed you there are many loop holes in your story... and how would normally such cases be perceived by soceity...
As someone rightly mentioned, the female can seek justice from the supreme court if she's not satissfied by the outcome of the local court / high court...
And I don't think if she has sufficient data to prove what she says, there can't be much things in her favor... All the best...
8th August 2013 From India, Mumbai
hello,
My name is hemank.
There is one company gave me appointment latter and told me that their project is in hydrabad and they will send me ticket till i have to wait at home.
now after 25 days later they are saying me now they do'nt need me so find another job.
What should i do??
Is there any legal action should i take againest them??
Please replay me on hemank.4.10@gmail.com
Thank you
4th April 2015 From India, Pune
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