Anonymous
Hello,

I request help from all expert in HR policies and norms to provide advice and direction to correct the wrong. I am an ex employee of xxx part of company Y Bangalore. I was employed with them for a period from 2nd November 2010 to 7th September 2012_____.

During my tenure I was an excellent performer always gaining reward and recognition for my consistent performance. Be it Quality, adherence or professionalism, until all this changed.

This whole thing started while we were given an opportunity to provide discreet feedback for our reporting QA’s and Unit Managers. Which we all did, however, this became interesting when our Ops Manager started pestering us to figure out who had shared which feedback. This went to an extent where handwriting was matched as no names were given on the feedback forms. This was against the objection of all the concerned employees in the team. After all the pressuring and pestering I was forced to confess that I had shared the honest feedback that they had a concern with.

In an organization like xxx that follows open door policy it was very disturbing of how I was put through hell basis the feedback. Please note that this was supposed to be a discreet an honest feedback for our reporting QA and Unit Managers. Hr was called upon and I was threatened by the HR and my reporting Unit manager to write a confession that I wrote that feedback which was very alarming and disturbing for me because of the kind of dedication and effort I put in at my job. I was yelled at and treated like a criminal in a close room for a company which follows OPEN DOOR POLICY.

As this disturbed my whole belief system in the organization I put down my papers. But guess what, it did not end there I was again approached by the HR and my UM to sign a PDAP. I signed the PDAP on 8th Aug 2012 at 8:15 to 8:30pm. I went to them after I put down my papers at 7:40 pm on 8th Aug 2012. Now they say I signed the PDAP at 4:30pm which is a lie.

As before, I attempted to explain to them that I will not sign the PDAP as it is issued after I have already put down my paper. All the threatening pestering and pushing started again in a closed room. Through all of this our Operations Manager acted like an OWL as the Unit Manager was the favorite. I was forced to give in and had to sign the PDAP.

On my Relieving I realized that I have been relieved basis Non Performance. I was shocked. How can it be non performance? I resigned. I was the best performer. I had earned them praises from the Clients. I was a contributor to their business. How can anyone who works with integrity are treated like this. I even reached out to the Whistle Blower however nothing was initiated.

I need help. I want a clean relieving. I worked very hard. I gave my best despite all odds. No one at the company will help me. Time has passed but this is affecting my career and my dignity. Please advice. What should I do to get this off my record? This is based on lies, unethical actions and unprofessionalism. The feedback was meant to be discreet. This whole thing was a game played to pamper personal vendettas.

From India, Bangalore
Dear Gentleman,

"King knows what his courtiers wante him to know". This is what Shakespeare said in his famous play Henry V. If it is assumed that whatever you have written in your post is true, then it can be said that you are victim of going contrary to this famous statement. Today, kings are replaced by the managers. To progress in career, one has to keep managers in good humour, this simple truth of life, how come you did not understand?

Who told you to give negative feedback about your manager? You should have saved your skin first. When you did not do that, you ended up in burning your skin. Do you think that the wrong management style of your managers was not noticed by their seniors? If seniors of Ops Manager or QA Manager were fine in having these inferior quality managers then who told you take this unwanted risk of honest feedback?

American MNCs are no guarantee for just and fair treatment. Scratch the superficial gloss and you will find that they are like any other Indian company. This facade of MNCs sometimes crumbles and we end up in reading following type of news:

Pay techie Rs 12.5 lakh for sacking her, Karnataka labour department orders US-based firm - The Times of India

Now you are relieved from the company. Have you received the experience certificate? Has it been mentioned on your certificate that you have been removed on account of "poor performance"? If not, then why bother about the past? Let your past employers be what they are and let them live the way they wanted to live. You better start searching new job.

If there is negative remark on your experience certificate then you have two options. First one is accepting it as it is and take it as your fate. Second one is to approach the court and file suit against your past employer. However, for the second option of litigation, what evidence you have of your stellar performance? Either way, what evidence you have to prove you have been treated unfairly? Sans this evidence, there is no point in approaching the court.

If you have been removed on account of the poor performance, then your company should have conducted the domestic enquiry. Removal of employee without domestic enquiry is illegal. Large number of high courts have given verdicts to this effect.

Certain terms that you have used in your post like PDAP or "Open Door Policy" are not understood. Does "Open Door Policy" mean that for redressal of your grievance, you are able to approach your seniors easily? In that case, to what level did you highlight the unfair treatment that you were meted with? Why you did not approach Mr _______, CHRO of your organisation? Before approaching court, I recommend you knocking door of CHRO or CEO. Send the Registered/AD letter and write in sequence what happened. In your post, you have mixed your logic and facts. Do not do that while writing letter to them.

Wait for their reply and then decide the future court of action.

All the best!

Dinesh Divekar

From India, Bangalore
Hey,
As you are clear from your own point that it is personal vendetta. Then how you can expect for a justice there? Okay happened is happened. As you have mentioned that you were shocked because of the relieving letter due to non-performance. Is it the term is mentioned in your relieving letter specifically?
1. If not don't care for the atrocious behavior of your past employer, world is like that only, try to learn from your experience, as one of my friend has precisely mentioned in his reply.
2. If explicitly mentioned, it is the issuing authority who has to rephrase and give it as clean, for that only option is to approach your past employer, if you go by any sort of legal means, it may drag huge time and the result may also be not in favor of you.
Mentally be prepared for the happening. However be cool, life doesn't ends there, you have a bright future.
All the best!!

From India, New Delhi
Dinesh and Vivek,
The point is that our friend would have to show his relieving certificate wherever he goes for a job.
There are a few questions in my mind that are playing:
1. What was the Job Description of our friend?
2. Was he a team lead where people were reporting to him?
3. Did he ever sanction or recommend anyone's increment or leave?
Only after receiving the answers to the queries can a solution be worked upon
Regards

From India, New Delhi
Dear Mr Dhruva Trivedy,
I have raised the very question about the negative remarks in the relieving letter issued by his past company. The poster has not specified that. I have given both the options on what he should do i.e. if the relieving letter is neutral and relieving letter with negative remarks. In fact if the relieving letter is neutral then I have advised him to let it go and move on.
The poster is overwrought because he has been removed under the grounds of poor performance. His professional pride is unable to accept this reason, hence his post.
The poster is not seeking redressal of his grievance under the provisions of ID Act, 1947. Hence Q No 2 & 3 of your post do not arise. Q No 1 is not so much applicable because he has not mentioned anything on mismatch in JD and allocation of work to him
Thanks and regards,
Dinesh Divekar

From India, Bangalore
Anonymous
Thank you for your Responses Dinesh, Vivek and Dhruva,

I would like to start with the reference here, I am 'Her' and not 'His'. The post is made by a female employee.

PDAP is Performance Development Action Plan. Usually is issued to non performers technically however here it is also issued in case of disciplinary issues.

You are correct about the open door policy logic. Y was CHRO not approached because though there is an Open door policy and like you correctly stated "King knows what his courtiers want him to know" which stands true in this scenario as well. I did not get proper guidance and was overwhelmed with the experience I was going through. That's why I did not. I was taken into a closed room and drilled by my Unit Manager and the HRBP. This its self got me so shaken up. I did approach my Ops Manager and the Sr Ops Manager. Little did I know Shakespeare knew it all. But now I want to get this corrected. At that moment I did try to address this to The Whistle Blower. As I wanted this to be handle carefully and not blow out of proportion. However it seems like I took the wrong path..

Yes, the reliving letter (experience letter) states that I was relieved based on non performance. Can I prove it wrong? Well, one can go back on her records with the company OR would it be of any significance that I have been awarded Trophies and top performer certificates by the process and clients month on month.

My designation was SR CSR. I agree with Dhruva. My relieving letter states non performance where as the company had no reason to put that and should have given me a clear relieving. This does effect me when I look out for better opportunities.

Dinesh can you please elaborate on Domestic Enquiry. What do you mean?

What should be my next step. How do I fix this?

Thanks

From India, Bangalore
Dear member,

If your termination is on the grounds of poor performance then your company should have conducted the domestic enquiry and then terminated you.

Ours is democratic country. Principles of natural justice are supreme. If the principles of natural justice are not followed then courts have treated the dismissal as null and void. In the domestic enquiry the employee is given complete freedom to defend his/her case. Since no domestic enquiry was conducted, there appears to be violation of principles of natural justice.

Mentioning grounds of termination as "Poor performance" in the experience letter is purely out of malice. Many companies keep the certificates neutral. Your certificate goes on to show that some senior functionary from the HR department is involved in taking revenge against you.

At this stage you have to do three things. The first one is to write a letter to your CEO enumerating the whole thing. But then I doubt whether he will really take interest in your problem because CEOs are known to rely on the brief given by their immediate juniors. If no reply is received or if the reply is not favourable then you may send the lawyer's notice. Again they will not budge that is what I feel. The last resort is to file the suit for illegal termination.

Now coming to the questions that Mr Dhruv Trivedy has raised. What was your designation and how many persons reported to you? If nobody reported to you then provisions of Industrial Dispute Act 1947 are applicable to you and you can approach the Labour Officer (LO) of your area. Find out what LO says. Who knows, possibly LO may rule to restore your services. This will make your case little stronger. Of course, your company many not accept the verdict of LO as it is not binding on them.

In my previous post, I have given link of news from Times of India. Go to the office of TOI and find out whether they are ready to share the contact details of the petitioner of that news. Alike the woman employee mentioned in the news, you too may approach the office of National Council for Women (NCW), Karnataka Chapter. Check whether they are ready to issue the notice independently to your employers.

All the best!

Dinesh Divekar

From India, Bangalore
Hi,

The idea proposed by Dinesh seems to be more pragmatic. However, according to my view, you should get mental peace by getting rid of all these problems. For that how far the legal measures may help you is not known. It is better approach the Dy. Commissioner of labor of your jurisdiction, seek an employment, and try to solve with your previous employer amicably and get the relieving letter changed.

You please elaborate your problem to the Dy. Commissioner. As Dinesh has rightly pointed it is breach of "Law of Natural Justice". My suggestion is to keep your previous employer informed by a registered post about the law of natural justice and the unfair labor practice committed against you.

You can just ask them to reply about the allegation against you and inform them about your plan to approach the labor dept (I require my seniors to second my view if my suggestion is right). State very clearly about the gross violation of not conducting local inquiry and also you please understand that they cannot over rule you by creating records as it needs your signature of acceptance on the inquiry report. Hence this sort of third rated politics will be out of your way.

Be bold, we are here to help you.

From India, New Delhi
Download published version of PDAP soft/hard copy ,and show it along with appointment letter,service rules and regulations/HR policy mentioned in appointment letter,rewards/awards/appreciations,feedback submitted by you,narration of events as posted in this thread,relieving letter etc to an able Labor Law Consultant Service matters lawyer and submit a fitting representation to good offices of appointing authority...
You need to contest now

From India, Chandigarh
Greetings,

I have been on both the sides of the table, where I blew the whistle and then managed cases where the whistle was blown.

Take my words the risks are far greater than any gains for both the parties.

An open-door is inevitable, yet I am yet to meet any leader who can walk into the the room and accept his or her faults.

Hence, I write from that premise. Expect almost no returns , since you raised the storm. I am still blacklisted and have a 'No Hire' in the company where I blew the whistle. Much like you, before it all happened, I too was a top performer and was given a hike and promotion in less than 6 months of my joining. No matter whatever they write and store in their records , I have their letter of appreciation with the salary hike and new designation to me.

Yes, you are on dot imagining they are going to affect your career. I too remained unemployable for a while.

Thankfully, my life didn't end there , so did my career!

You have three options now. First is to fight just as Dinesh have mentioned, taking the labour court way. You are of course free to speak to the CHRO. But expect a little difference in the result, as his data is based on what your reporting managers had filed. Third is to spend equal amount of time to rebuild your career from ground up.

Your ex-employer can write all the nasty comments during your reference check. And you still have their very own appreciation letters to counter.

Please be open with your prospective employer while sharing facts. If you were a great performer for two good years , then suddenly you couldn't have gone brain dead and lost it in next two months. These situations are way to easy to be read. Any hiring managers can see through. However, you confirming your part would help them arrive at a decision .

For a while take up a job with a tech firm who wouldn't loose their sleep over what your ex-employer says. Look for startups. Talents like yours would be highly valued by them .

I too did that. I worked with smaller firms till the stigma no longer mattered for me . Today , you might find it hard to believe, but their own CHRO treats me respectfully! No this is not what we should seek or why we work. But then I guess talent and handwork, does prove its point !

Wish you all the best !

From India, Mumbai






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