Facing Harassment and Sudden Termination: What Are My Rights and Next Steps?

I am working for one of the top IT companies for more than 7 years as a manager. I have a clean record until now, and I was promoted as a manager 4 months back. I was contracting for one of our clients in the United States. I was on deputation in the US with an H1B visa. Around 50 days ago, 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. I was asked 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 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 an 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 to India, I haven't received any updates from HR. Since I am no longer in the 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?

Dear,

Quoting your post: Since I am no longer in the 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? The fact is that they wanted you out of the US and possibly everything was stage-managed. If your employer is an Indian company, you can sue them in India. If not, you will have to sue them there. Your employer's client will not venture into litigation for your employer's sake. Maybe they have done all this to take you out of American jurisdiction to avoid a lawsuit by you against your employer. Anyway, this is just our view, but you should consult an attorney who is well-versed in employment-related harassment laws coupled with immigration law to help you out in case you have a plan of going to the US again. These are the occupational hazards of overseas employment. US dollars also bring in new types of problems which we are not normally used to in our Indian life. Let's face it.

With Regards

E-mail: rajanassociates@eth.net

I work for an Indian employer, and I am in Chennai. I sent an email to my company asking about the status of these harassment complaints. They replied, informing me that I have been placed on suspension, which comes as a shock because it wasn't communicated to me beforehand. Additionally, I have been informed that I won't be receiving my regular salary pending the outcome of the complaint. Can you please provide a referral for a lawyer in Chennai who specializes in this area?

I sent an email to my company asking about the status of these harassment complaints. They replied 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,

Management can suspend you and disable your email ID, but during suspension, they have to communicate with you about your suspension and pay you during that time. However, suspension cannot be for an indefinite period; they must serve you a charge sheet; otherwise, they will lose the legal battle.

Thank you,
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 going through the problem you've shared, I understand that adequate and fair opportunity was not given to you to defend your case. It is general practice that if an employee makes an allegation against a co-employee of the same organization, the grievance committee constituted for that purpose initiates proceedings and strives to secure the redressal without any delay. The process involves obtaining facts from the complainant and then from the employee against whom the complaint is lodged. The next step is to conduct a preliminary inquiry in the presence of both the complainant and the accused, allowing each party the opportunity to cross-examine the other's witnesses. Only then can the redressal committee provide their findings to the disciplinary authority for appropriate action against the guilty employee.

However, in your case, it is very unfortunate that within 4 months of your promotion to Manager, an allegation has been made against you by your colleague without informing you of the outcome of the investigation. This situation warrants referral to an appropriate forum in the US for a speedy remedy.

The details you have provided are not sufficient to offer a suitable reply or recommend actions against your employer. Please contact a reputable labor law advocate to proceed against your employer if you are certain that you have not breached any service rules of your employer or their clients' company.

NVRao
Hyderabad.