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Thread Started by #roshan167in

I, was an employee of M/s XXX India Pvt Limited, Employee ID AAAA, wish to bring to your kind notice that I had a Paralytic Brain stroke on November 9, 2011 while I was working in office. And I was admitted in Apollo Hospital, Jubilee Hills, Hyderabad by my colleagues.



I was advised to take leave for 3 months by the concerned doctor and I was under treatment. I was under sick leave during the months of November, December, and January. After which I was asked to resume my duties by my First Line Manager(FLM) Mr. YYYY.

I started working from home since February 1, 2012, during March, April, and May 2012, I was reporting to XXX Office every Monday and was working from home for the rest of the week days.

During this period my First Line Manager, started pressurising me to report to office everyday. I had taken permission from the Second Line Manager(SLM) ZZZZ to report for two days in a week to office that is every Monday and Thursday for the months of June and July 2012, because only on these days there was more workload when compared to rest of the days of the week.



I was not completely recovered, that is, I was able to work with only my left hand.

Medical Certificates were submitted to HR Partner from time to time.



For the month of August 2012, my First Line Manager asked me to go on Loss Of Pay (LOP) or I will be placed under PIP Plan. Even then I took it as a challenge and I started working because I was under Medical treatment and physiotherapy and for this I was in need of money.



In mid-August my FLM arranged for a meeting with the HR Partner Ms. DDDD, and both of them asked me to tender my resignation and was given one day time to resign otherwise I will be terminated by the end of August. I sent an email to the HR Partner asking her to convey the same message in an email, for this she replied asking for my Medical report and also the time frame for complete recovery of my health.



I had submitted the Medical Report as requested.



On August 31, 2012 my FLM took my Laptop and Locker key and asked me to wait for

half an hour and then later he called me on my mobile phone asking me to come to office on September 3, 2012 for a discussion.



On September 3, 2012, I reported to office for discussion, my ID card was taken back and I was told that I was still under Probation and I will get my Full and Final settlement and letter by post to my Residence.



Till date I have not received any communication whatsoever from XXX. On October 30, 2012, I received a letter dated October 25, 2012, from XXX Bangalore office stating that I was under unauthorised absence and I was asked to report to my designated Manager within 5 days, hence I reported to XXX Hyderabad office on October 31, 2012, but I was made to wait for three hours by the Security Personnel after which the FLM came and told that you are terminated and this letter has come from BBBB Bangalore office and he refused to see the letter sent by your office nor did he take my explanation letter, whereas I verbally informed him that I will be happy to join back work since he has not taken the letter.



If I was on unauthorised leave I would have had my Laptop, Locker key and ID card under my possession, which I don\'t have.

I was force to resign by management by stopping my pay for six months and pulling my laptop & ID card.



I wish I will get justice and compensation and an alternative job in which I am comfortable in XXX.

I was with IBM India Pvt Ltd as a \"Reports Specialist\" in Hyderabad. I got brain stroke on the floor of IBM but instead of supporting me, the management forcefully took my resignation by stopping my pay for six months, snatch my laptop & ID card.Can you tell me how to take my case forward to get my compensation and my job back.I am still on treatment and right side of my body got effect paralysis due stroke.
14th December 2013 From India, Hyderabad
Dear Damodar,

Going by your post, it shows that the incident has taken place in the last year. But then why you did not approach any lawyer so far? What were you doing for the last 14 months?

When you handed over your laptop and ID card, did you obtain any receipt for it?

Anyway even now also you may approach the labour office of your area and tell your problem to the labour officer. If you are not satisfied with the decision of labour officer, then you may approach some lawyer and file a suit.

While terminating, company has not issued any show cause notice to you or conducted domestic enquiry. Therefore, your case appears to be strong one.

Other competent members may give their opinion.

By the way, do not get cowed down by the brand name or size of the company you worked for. That company has received notice for tax evasion worth of Rs 5,357 Crore. Of this astronomical amount, even if it is proved that they are liable to just 10% then also it goes on to show that they are not so law-abiding, be them tax laws or labour laws.

Thanks,

Dinesh V Divekar
14th December 2013 From India, Bangalore
Greetings,
We have to edit your name and the employer's details to ensure your privacy. Furthermore, you post is being shifted to the Legal forum for you to find answers from our experts.
Wish you all the best
14th December 2013 From India, Mumbai
Dear (Cite Contribution),

While your action or decision to delete the company's name could be consistent with the moderation policies of this forum, you might not have deleted company's name.

The very purpose of the social media is to empower the ordinary person. Voice-less, faceless persons of the yesteryears have found their voices now. If some company has not followed principles of natural justice while terminating an employee then why sweep their actions under the citehr's carpet?

In erstwhile era big leaders or companies evoked awe and fear. They were always on supposedly lofty pedestal. Times have changed now. Caesar's wife is no longer above suspicion. If IIT students can question directly to the Vice President of India's biggest political party on what he has to show on his CV other than politics in his DNA, then why some member should not be given chance to bring to fore what has happened with him at the time of separation from company?

Hope Citehr.com rethinks to open up now.

Thanks,

Dinesh V Divekar
14th December 2013 From India, Bangalore
Hi Dinesh,

When we started CiteHR - our goal was to create a knowledge space which would be useful to a lot of people. To achieve this we had to set up some rules - rules which would allow us to grow without being distracted.

Allowing company/individual names, opens the door to a world of abuse - and we particularly do not want to allow that abuse of individuals or companies without evidence. The fact that we do not have the resources to corroborate any claims made by the user, made us put in such a stringent law.

You are right - I agree, that such companies should be taken to task. And CiteHR and our learned members like you can show the sufferer the direction which needs to be followed, provide resources and information to the member to take it to its right outcome. The core goal of CiteHR has always been to support people with information and knowledge that can only be gained from experience. The same information will be used by many in the years to come - at that point the company name or the individual's name is merely a distraction and can often distract any advice given on the discussion.

Regards,

Sid
14th December 2013 From India, Gurgaon
Hello Dinesh V Divekar,

Back today in this Forum after quite sometime now--after a layoff.....sort of.

Even though you have a very valid point, Sid is right.

Suggestions given in good faith by the members to queries by those facing situations that need solutions CAN ALWAYS be misused--just like any Rule/Law. Whatever can be 'used' CAN ALSO be 'abused'--it just depends on the individual accessing such info. And being a public Forum, the 'who' is NOT in anyone's control.

And as you would be aware, many a time members post half-inputs & members end-up giving suggestions--making presumptions leaning towards the Positive-end, when after all the situation was @ the other end of the pendulum.

This is NOT to suggest in any way that Roshan has faked the situation--DEFINITELY NOT.

Looking @ such situations FROM ANOTHER ANGLE, most members who post such queries are LOOKING FOR A SOLUTION....NOT to hit back @ the Company--irrespective of size [NOT that there aren't Posts who want TO HIT BACK, in true filmy style, forgetting that they have a problem @ hand that needs to be resolved--THEIR problem--which ought to have been more important].

Let's face it--it's human nature/psychology that when details like the Company name, Boss's name, etc are mentioned, the attention is diverted towards the 'who', rather than the 'what' and 'why' of the situation, which then leads as a natural consequence to further thoughts/discussions/comments continuously focused on just the 'WHO'. IS THAT WHAT IS THE FOCUS? I guess not.

Coming to Roshan's situation, I think it's better for the Legal Eagles in this Forum to respond...since I don't see any other mid-way @ this stage. However, I may add that such corporate behaviour is NOT related to the size or stature of the Company. I have seen it happen with well-known ones as well as small outfits--one as recently as a week ago. It depends more on the Corporate Ethics of the organization than anything else.

@ Moderators

Suggest route this Posting to the Legal members--so that Roshan can decide his response mechanism at the earliest.

Rgds,

TS
14th December 2013 From India, Hyderabad
Hello Mr Roshan and Greetings to all

After going through the details provided by you and the responses by the respective seniors, first I'd like to start and refer the same question asked by Mr. Dinesh above.

1) Why you did not approach any lawyer if you really wanted to fight with them for your rights and have not taken the right steps at the right time.

2) Please clear whether you were terminated or resigned by yourself?

(Resignation is resignation whether by choice or influencing /forced by anyone anyhow)

They asked you to resign from your position else will be terminated and on August 31, 2012 you had to surrender your official assets, ID cards and locker keys and later on October 25, 2012 you got a letter by your employer that you were terminated but at the end of closing of your query, you said that you were forced to RESIGN, creating a conflict in your query which needs to be clear. There is a big difference between resignation and termination. And if you were terminated you must have provided a termination letter with a valid reason by them but if resigned, you must have an acceptance of it, now say what you have with you today.

3) You were asked to report daily by FLM but you obtained permission to report to your office twice in a week from SLM, so who was your direct reporting (Authorisation) manager from both of them.

4) Did you get any written authorization/permission /request by your employer (FLM/SLM/HRM) for the following?

i) to report your office by SLM for twice in a week against the order of your FLM

ii) any email communication/ letter/memo of asking medical fitness certificate, advice note, other bills and details by your employer

iii) any letter/email approval of your leave on LOP or permission letter/confirmation against your request (if you requested) for the same

iv) for work from home

5) Did you get the medical fitness certificate by your Doctor and submitted to your employer with your request to work at home or before resuming your duties?

6) Do you know anything relating to leave policy in an organization and applicability in your case?

7) Your employer allowed you to work at home and I believe they allowed you by seeing your medical and financial situation on your request, though, you were not fully recovered and was not able to work but still was working and also with only one hand, so, don’t you think your employer be appreciated by you for allowing you to work by home and get financial help. And you must have not taken the health risk against your medical situation at the time.

"If you're healthy, you're capable of doing everything but if not, your first duty/work is to keep your body in good health” I understand the medical and financial situation during this period bother a lot but to take this kind of risk may have caused one more badly.

“Man sacrifices his health in order to make money. Then he sacrifices money to recuperate his health. Then he is so anxious about the future that he doesn't enjoy the present: the result being that he does not live in the present or the future; he lives as if he is never going to die, and then dies having never really lived.”- Dalai Lama

8) You are also requested to share the details of the clause for "Probation and Notice Period" in your appointment letter provided by your employer.

If your appointment letter says that you were on probation which was not confirmed till the date of your last working day (during the period you were medically not fit or under treatment) and was not able to work as per their expectation and they deserve the right to relieve your services, you can be relieved with a notice period and by compensating for the same.

About legal help that you can seek in this regard, I believe you must have relevant details, proof and documents that can support your case and make you strong because there are many things which are also in their favor, therefore, I request you to answer the above posted questions and share more details which will enable us to provide you more appropriate reply and solutions of your problem.
14th December 2013 From India, Gurgaon
Dear Roshan

How is your health now? Hope you might have recovered fully. Have you got your final settlement and the salary for the period for which you have worked from home?

Further, let us know what is your reply to the questions which are asked by Mr. Anil Ariora and Mr. Dinesh. What is your length of service in that organisation.

Have you approached any lawyer. If so, what was his action in this regard.

Hope your salary band is above Rs.18000/- pm. So you can file a civil suit against your company to challenge your termination. (This advise is given because we think you are having the proof of (a) Offer of Employment, (b) Appointment Letter on Probation, (c) Confirmation letter, (d) Company asset handing /taking over letter and surrendering letter, (e) Increment letter, (f) Your Hospitalisation period records and sick leave advise by Medical authorities i.e., Discharge Summary and Fitness Certificate, and any other relevant documents, i.e., the correspondence taken place between you and your managers/HR Department).

If the question asked for the delay in filing the suit, keep the reasonable and believable reply also ready with you.

Please give the reply to those questions raised by our members, so that you will get suitable reply.
15th December 2013 From India, Kumbakonam
Its a very unfortunate incident, rather an accident, that resulted in so much physical and mental trauma during and after, as well as loss of earning by the concerned employee of a reputed company.

It is surprising and sad to note that despite this being an injury caused during the course of employment; the employee was not extended any benefit under the Act.

Moreover, allowing the employee to recover fully and then letting him join back; thus gaining an opportunity to display its concern for people, and thereby benefiting from high employee morale and engagement; the employer chose to coerce him into giving resignation, so that he loses his right to make any claims subsequently.

The HR practices of the company clearly indicate the gap between what they practice and what they show-case to the world.

It would be ideal if the ex-employee files a civil suit against such employers for relief and compensation for the harsh treatment meted out to him and loss of earning during the period subsequent to his injury/accident.

Warm regards.
15th December 2013 From India, Delhi
I am Damodhar R Roshan was an employee of XXX India Pvt Ltd - Hyderabad, with a Emp ID: 08803D. I got affect by brain stroke while I was in the office. But management instead of providing me a alternative job, supporting in my treatment expenses & giving me a moral support, took my resignation by force. By stopping my pay for six months, snatching laptop & ID card. Giving me tension by this issue I got more affected and paralyzed in right side of my body. I want to fight for my rights & Compensation. Could you kindly let me know under which clause I am protected in a company. Should I book a case against XXX in high court or labor court. I am now a disabled person, no company ready to give me a job.
29th December 2013 From India, Hyderabad

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Dear Roshan,
No one should be sent out without being heard.
Please approach Conciliation authority in your juristiction , available in district -wise. Please fill the form provided by them along with supportive documents. They will send summon to both parties and do mediation process.
If not, you can file a case in labour court with the help of good advocate under section 2 (a) of Industrial Dispute Act.
You will get employment again :
1) You can be sacked while you are on medical leave for longer period, without being heard.
2) No one can stop the salary payment.
3) This act amounts to Retrenchment.
Kindly plead for re-instatement and my best wishes for you.
God will save your health and you will regain your status.
High regards,
T Muralidaran
09500092586
30th December 2013 From India, Hosur
Dear Damodar,
Fortnight ago, you had raised your post and you had received sufficient advice by senior members. The link of your last post is as below:
https://www.citehr.com/478886-i-got-...mises-but.html
Now what is the logic of raking up the same issue again? By posting the same subject again, will any company give you any job? Our sympathies do not work beyond a point. Therefore, I urge you to stop this self-depreciation and start working on building your career de novo.
All the best!
Dinesh V Divekar
30th December 2013 From India, Bangalore
Dear Roshan,
You can approach labour authority/ Labour Tribunal/ Labour Court and as well as other courts for reinstatement & compensation in the said case. Such termination shall be considered as illegal termination in the eyes on law.
30th December 2013 From India, New Delhi
Dear Roshan
I have merged this, with your earlier thread; as the matter is the same and is being further continued.
You have already been suggested earlier that you can seek relief under the Employees Compensation Act, for injuries arising during and in the course of employment.
Moreover, you may file a Civil suit for damages and compensation.
However, it is imperative that you take the services of a good lawyer.
At this point of time you need PROFESSIONAL LEGAL HELP.
Your lawyer will give you the best advice and also help in proceeding with the required action.
Wish you all the best in securing a landmark judgement, that will also help others in a similar situation.
Warm regards.
30th December 2013 From India, Delhi
This has been a good discussion. Yes, there are pros and cons to bringing out the company's name and I think the moderator's are doing good. In fact, the way the member has repeated his post combined with his (now deleted) response also gives rise to a concern about the veracity of the claims in the first place. request all to note that in most cases on this forum, we are hearing only one side of the story. Without casting aspersions on the legitimacy of this query or others, I would also like to warn each of us about the risk of social media being misused to score personal agendas. Roshan has made the same post in other forums too. Yet, for 14 months he neither raised stink nor spoke to a lawyer about his predicament.

Though I am well aware about the way most of these big companies treat their people (and most of it is not nice) - I would still like to see people exercise restraint in running down the employees without really knowing both sides. This story is now google able, and if it is not true, then we would have maligned the employees without reason.

Having repeated what I said, I also would love to take these biggies on if what Roshan says is true.
30th December 2013 From India, Mumbai
I had no B.P, Diabetic, non-smoker and I am an sportsman (Football player)..the only reason I & my doctors see is work pressure..I used work for 14-15 hrs on Thursdays & Fridays...I got brain stroke on Wednesday....due to fear of Thursday & Friday...company will blame me only...but I have evidence to prove that there harassed me..
30th December 2013 From India, Hyderabad
Yes I got my final settlement amount but it was done after manager took my resignation. My manager took my user id & password and typed my resignation, as I was not able use my laptop. No, I'm still not recovered. I can't move myself anywhere because of paralysis, that the reason why I had not contacted any advocate. And I effort fee to advocate too frankly speaking. The company's procedure state's some thing different and the management acted differently. "MY CONDITION NOT GOOD, I HAVE TO LIVE A LIFE AS A DISABLED".
30th December 2013 From India, Hyderabad
Dear Roshan

Normally the F&F Settlement will be done only after termination/retirement/resignation and not while on service. You are accepting that you are not fully recovered from stroke and still you are confessing that you cannot move alone due to paralysis and how you can expect that any company can keep you for more period without any productivity or work. If you can justify about the happenings, then you can claim. This brain stroke is not due to any accident, it has happened only due to your health problem and not due to or during the course of work.

Even the Government organisations never keep such staff for long duration. How can we expect any private organisation to keep the sick employee for longer duration. If they do so, then the organisation will have more patients and less working staff.

In your earlier post you mentioned that you were working 14 to 15 hours on Thursdays & Fridays. No company will ask any staff to work beyond certain time period. Further it is surprising to note that you never made any objection to do work beyond your regular working hours. Normally in case of any Inspection/Audit the company will work beyond the normal working hours. But regularly working beyond 14 to 15 hours is not acceptable. Further others can think that you are not a capable person to finish your given task in the given time limit. Hence you are sitting for late night in office.

Please do not feel I am talking against you. Please think from their side also. Now only thing you can do is talk to your ex-employer to consider your re-employment on sympathetic grounds according to your present working capacity, so that you can lead your life without depending on others.
30th December 2013 From India, Kumbakonam
Bhaskar - working 14-15 hours a day is quite common these days. And if junior employees complain about it, more often than not they will eventually be shunted out. That's the reality in MOST firms I know off. From what i know of IBM though, had he shared any sort of "medical" problem, IBM would have surely deputed him to a less stressful role with the caveat that the career growth path would obviously take hit. And I do not see that he shared ever with his boss that stress is making him sick. It has come out now, close to 2 years later, when my post challenged the chronology. However, being from the healthcare side of the world, I am very skeptical about a series of inconsistent claims in this entire conversation.

A few observations:

1. If indeed his stress was the reason behind his cerebral stroke, is there a causal note from his neurosurgeon/psychologist to that effect in the initial diagnosis? If yes, was this note shared with his employer?

2. Roshan says he was working from home and even going to office up to twice a week. But his resignation letter was typed by his boss since he couldn't type. What work was he doing? Was he contributing to the company, or was the company giving him a long olive branch due to his ill health?

I have a feeling the first line manager could have handled this better; but was asked to do what he did because he has to run his budgets and be answerable for productivity.

While I remain deeply sympathetic to Roshan's health and well being and pray for his recovery; this particular thread and its similar repetitions across different forums somehow seems to me to be a desperate way to push IBM to be more benevolent.

Boss if you have evidence to prove your company harassed you, then you already know what you can do and what you should do. Please do that and share with us the results so that each of us can learn from it, avoid making similar mistakes, and also help others gather evidence the way you have so that they are not victimised.
30th December 2013 From India, Mumbai
#Anonymous
I was in evening shift, when I brain stroke. I brought a medical certificate for day shift that clear says that I can not take any stress. I was able to run automated reports & standard reports. Company had not given me alternative job but made me to resignation without paying any compensation.
31st December 2013 From India, Hyderabad
Teams that work in shifts cannot have people work 14-15 hours. Shifts, by definition, are for fixed periods since the person from the next shift would be using the same resources and am sure the company wont have him/her sitting idle... Without challenging your story, I would still like to have your employer's point of view before I offer any more suggestions. If you are convinced about your position, seniors in this forum has already suggested remedial action that you have to follow up. You have been given the same suggestions is the lawyers' forum you have posted in. With you not initiating any action, but continuing repetitive posts of similar nature; I personally feel this is just your attempt at maligning your ex-employer.
31st December 2013 From India, Mumbai
I'm not trying to malign reputation of the company. I'm trying to bring true picture of MNC's , how they treat they own employees. They put advertisement internally that they are hiring disabled people, but they could not retain me. they could have put in that category. Company but no they had forcefully took my resignation through harassment. Companies simply put such to get tax exemption but realty is something. Like I already mentioned that my condition was worsen before, but now I am able walk and type with left hand.I want know whether to book a case in Labour court or Civil Court or High Court? I tried in reporting the matter to global head HR. They are sitting on my complain. The final settlement I got from the company is finished for treatment expenses.
31st December 2013 From India, Hyderabad
The initial posts clearly advise your way forward. with the limited documentary evidence available here that's probably the best this forum can do. You have also received similar advice on the lawyer's forum. If you really want to take this forward legally, please meet a good lawyer and share all documents with him/her. The choice of jurisdiction/court etc. will depend on the case angle decided by your lawyer.
We wish you success in your pursuit and even faster and complete recovery from your health challenge.
...and yes. It would be unfair to generalize all MNCs under your case as scheming employee harassers. Request you to be circumspect in your allegations.
31st December 2013 From India, Mumbai
Thank you all for your suggestions..now I will definitely find a advocate ...Please help me in finding a good advocate.. I’m determined to fight for rights .
31st December 2013 From India, Hyderabad
Hello Roshan,

Frankly, your lines "I'm trying to bring true picture of MNC's , how they treat they own employees...." belie your current PRIORITY--which doesn't seem to be 'how to handle your situation/case', but seems to be 'to teach this MNC a lesson', whatsoever you may say to the contrary.

Else, there doesn't seem to be any valid & realistic reason(s) why you are still continuing to post in all the Forums without acting on the issue--as many members suggested.

This is NOT to say that your situation should be ignored or doesn't deserve empathy--but self-pity & harping constantly on the injustice doesn't take you anywhere. Quite often it becomes counter-productive--i.e., counter-productive TO YOU.

Reg your late realization to find an advocate, I think you already have a way to identify one--like Executor mentioned, you have posted in a Lawyer's Forum. What best way to identify one?

The Best this Forum can do is to refer you to some of the Legal members who are active in this Forum.

But IF you are looking for some sort of a Guarantee from any member that a particular Lawyer WILL....repeat WILL.....solve all your current set of problems, then you are only escaping YOUR responsibility. Others can only guide you.....it's YOUR responsibility to TAKE THE FINAL CALL, meaning whom to hire, when to hire & on what terms, etc

I guess it would be pertinent to reiterate what Executor mentioned "It would be unfair to generalize all MNCs under your case as scheming employee harassers".

Just because accidents happen on the roads, you WOULDN'T STOP taking those roads....right? You ONLY TAKE CARE TO BE EXTRA CAREFUL....right?

And coming to your line about this MNC '......that they are hiring disabled people....', suggest DON'T MIX-UP things. Disability [or rather special ability] can MEAN ANYTHING & there will always be specific roles/positions that would suit one particular form of disability/special ability, but WILL NOT suit other forms.

All one can suggest is: PL for YOUR sake, DON'T swing from one end of the pendulum to the other. Begin to take the balanced/middle path--tough no doubt, in the situation you are in, but neverthless, that's THE ONLY CHOICE YOU OR ANYONE HAS in such situations. I.E., IF one wants to resolve the problem earnestly.

All the Best.

Rgds,

TS
31st December 2013 From India, Hyderabad
Dear Roshan,

Firstly I feel sorry for whatever you've gone through, and my sincere prayers to the Almighty to bless you abundantly and help you recover at the earliest. Even before I go forward I must appeal to you to withhold the feeling that you are disabled. You could be hampered physically but that doesn't mean you are disabled. Psychologically you put yourself in a defeated state, which will not help either your recovery or your confidence.



Secondly this thread has invoked a lot of responses, by seniors, and neutralizing by moderators, offering you a lot of alternatives, and rich experience to all the others following this thread.

Now to the issue on hand. I have gone through the thread every line every detail, but just couldn't find anywhere, the position you were holding, the role your were playing and what was the tasks you were performing. I'm asking this specifically because, if you were working on high security development or were on a maintenance, for this involves your network access of servers protected and those which necessitates your presence at the workplace as remote access is generally denied. I could probably guess that you were working on development pieces which could be tested and integrated to the main modules, in which case, I do not see it reasonable not to allow you work from home. If it on a billable maintenance assignment working from home isn't allowed, as it is not possible because you will be summoned to act upon fixing bugs or issues that arise in large complex development projects.

Next question is how long were you with IBM, and was there any history preceding this incident for which you have had issues with the management (immediate or beyond). Having said this let me be candid in mentioning to you the 'puppet role' played by most HR folks (with due apologies to the entire HR community at large - as this is particularly referring to HR professionals in large multi-national organizations, and the personnel handling HR in this case may be a relatively junior person of an experience of not more than 5-7 years), in such large organizations. They can only act on what is told, should they try and argue the case of any employee being treated unfairly, be assured the HR person will be shown the door. So in this case the way the HR has handled your case isn't surprising at all. I really wonder what the compulsion was because you could have been considered be placed on the bench or redeployed on easier projects that could have helped you in all possible ways including getting back to near normalcy if not totally. To expect such gratis from US based companies is asking for the moon, especially because you belong to the third world country. They dare not do this to a native.



It would have been very nice if this issue was brought to light as someone mentioned 14 months ago as you will need a lot of documentary support, and who know how many crucial aspects that were discussed either personally or by phones etc. Seeking legal option would require all this and a high power, high character, high esteem lawyer, who can take this case up with dignity and honesty. It's possible but who would want to take this issue is a question. Some of the recent cases in the country that of Tejpal or for that matter that of Jutice Ganguly suggests that we have eminent people who can take the might of even the powerful. In this case too you will have to find one just like that. This is a case to be fought for a cause for whatever it is worth. If you find someone of this caliber and if that person has a large heart, he could forego his fee, but you may still have to shell down a fair amount of money for all other aspects of the case. This person should not be obligated whatsoever in any manner to the company in question or to any of the other constituents who could use their offices to influence the case against you.

I also saw else where in the long thread that you got the final settlement and that you are incapacitated, which is sad but just think it over in this condition you can get an accommodation in any other company only on being a 'super special guy.' I do not mean to belittle you but am suggesting that you try picking up some super skills and also think in terms of alternatives to gain support till you can be independent. A gentleman named Ramakrishnan, is paralyzed below him waist, due to an accident caused when he went to NDA Khadakvasla for selection, while performing the physical exercises. He fell down from a 10' height. An army doctor Brig. Gurbux Singh, attending to his case not only took care of his immediate treatment but also followed it up with getting permissions and sanctions along with help from philanthropist's and ensured this gentleman was living and well too, except that he can't walk. Strange quirk of fate, his sister and another close friend of his also met with accidents which incapacitate them to the same condition of operating from a wheel chair. This is not a fairy tale, nor is it a story to offer you any solace or to convince you. In fact, these three people have raised an NGO Amar Seva Snagam, near Tenkasi in Tamilnadu, which I visited in June 2012, and was amazed to see all the marvels he had created. This can inspire anyone.

In final submission i must state that there are IT multi-national organizations operating from our country which uses its rule book only, and forgets the fact that it has to depend on humans for delivery as they employ the minds, and hands of these bodies as raw material for processing their out-puts and to show a healthy balance sheet. We need to fight against this modern 'slavery' and 'discrimination.'
1st January 2014 From India, Hyderabad
@ TSK Raman: I have total 12 years of experience. 7.6 yrs was in HSBC I had longest served. IBM was 7 months only. I had no medical problem nor had no B.P., no Diabetic, Non-smoker & moreover I am a sportsperson (Footballer). The only reason I can see is high work pressure (Proofs available). Is there any forum for MNC's, where I can report my case. Because I can't afford advocate's fee due to unemployment.
1st January 2014 From India, Hyderabad
Dear Roshan,

Thanks for more data supplied, however, it still has not answered my question whether you are in Development, Maintaninace or Support (Backend/Front End), or were you into Testing, Web Designing. You have 12 years experience of which 7.6 yrs were in HSBC. How do you account for your other 4 odd yrs experience. I do not wish to risk any further guesses, as all these questions that I ask were to find out what really could be the reason that IBM treated you this way.

And when I read that you've been in IBM for just 7 months, honestly you haven't even got a relationship going fully with them. Getting an assignment and knowing the work, the people, the processes, the stakeholders, etc., takes away 3 odd months, and due to pressures of all sorts you've collapsed. While they might have felt for you, I'm sure they would have allowed a benefit of doubt, and kept postponing their decision, whether to go with you or otherwise.. I'm sure neither you nor they would have visualized the serious nature of your sudden illness and breakdown till the tests revealed it all. Naturally therefore, so if their work gets hampered and if they things are indefinite, they will want to replace you, as ultimately they are responsible for the deliverables, else they get the boot.



Please do not misunderstand me as one who works without a heart. Multi-nationals can think that way, and they would have calculated every move before they did what they did. I also suspect that they at this moment are prepared to defend themselves more than you can, despite evidences, you have or may produce.

You are right there should be a National Forum which can take up redresser cases like this like the 'consumer court' functions in terms of products. If I can think of one, NASSCOM should have spearheaded this, but a pity they don't. This actually sounds an alarm bell for 'professionals' and it's time people start thinking of one body.

Best wishes anyway Roshan for your health.
1st January 2014 From India, Hyderabad
I think we have gone round in circles in this thread for some time now. Nothing new is forthcoming from Roshan apart from his hapless position. Straight forward questions also are not getting answered. Consequently, the experts have nothing to add to this themselves.

Roshan, you have been guided to the extent this forum allows. What YOU choose to do beyond this is really up to you and you alone. If there is any "specific" (I repeat, "SPECIFIC") assistance you seek from any of us; I am sure the same will be made available after due perusal of the proof that you claim to have. If you have nothing substantial to add, please consider all the advises preferred earlier by our members and move ahead. You have to get yourself out of this rut of self pity and move way beyond the "I am a victim" mindset. Even if you are the victim, just crying and screaming about it wont get you anywhere.

As TSK says, your ex-employer possibly has more documents ready to show a stronger case to their advantage. And with just 7 months of vintage, I repeat what I said earlier - they have already given you a very long rope out of humane considerations. Even as a reader of your posts here, I do not see the value you added to the organization during your healthy days or beyond. And now with all these public postings to try and shame them, you are just being a nuisance. No benevolence or good will gesture can last forever without some sort of reciprocation. Ultimately, IBM is not a charitable organization or an NGO. In the present economic scenario, with the bottom lines the way they are, none of these organizations can take on philanthropy at the cost of their existing work force and business objectives.
1st January 2014 From India, Mumbai
Dear,
don't worry, this can happened with any one and its duty of employer to cooperate with you in such type of matter. as per me u may approach the commissioner, employee's workmen's compensation for compensation and conciliation officer for reinstatement without wasting time. or u can direct approach the labour commissioner direct in this matter.
wish for healthy recovery
thnks
7th January 2014 From India, New Delhi
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