Facing Unjust Termination and Harassment at Work: How Should I Handle This Situation?

Hi All,

I need your advice. I work in a small industry as an HR & Admin coordinator. Apart from my profile, I look into all the departments. Recently, I went for a meeting with my Senior Manager and technical Executive, which was approved by our Director of Marketing. The Finance Controller has directly sent an email to me in this regard, asking for an explanation of why I had gone there and raised a bill of Rs 740.

When my Senior Manager mentioned that the email should come through the proper channel and we had already reported to our Director of Marketing, his termination letter was issued. This morning, he called me and questioned why I was not picking up his call. I politely informed him that I was busy and suggested he check the CCTV footage. Now, he has issued a termination letter to me as well as a warning letter.

My HR manager, who recently joined this organization, made a sexual remark and forcefully held my hand. I had remained silent on this issue in the past and tried to handle it by myself. The HR Manager is related to the Finance Controller.

What should I do now? I need your advice urgently.

Dear Neha,

As far as I see, the situation is that the people in your organization don't want to grow. Perhaps they are using this cheap way to get you out of the organization. You have done nothing wrong. Why should he issue a termination letter? As far as the sexual remarks passed by your HR manager, there is a law called SEXUAL HARASSMENT - go ahead, fight for yourself... give them a hard time... I am with you.

Regards,
Vipin

Hi, I need your assistance.

Myself working with a small company, having completed only 2 years. I want your guidance on how to start the processes and could you please tell me what policies and procedures I need to take care of? It's urgent, so please help. Thank you.

Geetika, someone has raised a question: why are you raising your query in between? You can raise a separate question. It is very bad.

Ms. Neha is unable to understand the termination letter as well as the warning letter. How are both related? In this situation, you can talk to the head of the organization.

Thanks,
JS Malik

Hello Neha,

I read your subject carefully and I got the impression that your organization may be a small or medium-scale company with a family-owned business background where the Managing Director is the whole and sole of the organization.

First of all, what is important is working in an organization with civilized people who observe basic etiquettes. You must ask for an appointment with your Managing Director, who is the owner of this company, and meet him personally to explain the entire situation. Request that if the company does not require your services, they should relieve you in a legal and dignified manner. The modus operandi of such nature is unwarranted and unnecessary.

The second issue is a warning notice does not stand in light of a termination notice until a proper inquiry is held. You should be asked to show cause followed by a charge sheet after conducting an inquiry. Depending on the gravity of the misconduct, punishment should not be disproportionate to the gravity of the misconduct; otherwise, it will not stand in a court of law and will be treated as a colorable exercise of power by the employer.

Your HR manager appears to be illiterate and ignorant of the labor laws to terminate you directly without knowledge of the procedure that should be adopted and the law of the land to be followed in this case.

You can catch the HR Manager on the wrong foot and explain to your MD, the boss, during your conversation that the HR Manager is not knowledgeable and is misguiding the company directors on the legal aspects of this termination. Subsequently, reprimand the HR Manager that if the termination letter is not withdrawn, you have the liberty to complain to the Commissioner of Labor or file a suit in the Labor court challenging your termination, which is technically 100% illegal. Warning and termination in one attempt are self-explanatory and define a victimization case.

I hope your MD will make things right because no serious businessman or entrepreneur can afford a nuisance with his business caused by his own employee to damage his reputation and lead to litigations.

Badlu

Dear Neha,

For termination, there is a specific defined process - a domestic inquiry. A warning letter can be issued after a show-cause notice, and there should be a particular committee that will call for an explanation regarding any matter. In case they do not receive a satisfactory explanation, they may either warn you through a warning letter or terminate you based on the decision taken by the committee. I am sure they have not followed that. You can go to the labor court regarding the same.

Do you have a policy book or a defined code of conduct? If not, it would be better to leave the job because there is no point in working for an organization where a few people rule without any rules.

Regards,
Manish

Dear,

I don't know whether you are aware of the committee that was recently formed in your organization under the Factory Act to protect the interests of women working in various companies (just two to three months ago). By seeking assistance from this committee, you can approach your Director to seek justice.

Dear Neha,

Apart from all the above, my opinion is, please find a good and new organizational job first, explaining to the new employer about this past action. After receiving the new job offer letter, then proceed with the legal action during that period.

You might not have signed the termination letter. Even if you did sign it, pursue the case with legal advice. Ensure that you will never work for such an organization again, even if they try to make a compromise or express apologies. Impose a significant penalty on them.

Regards,
Gaurav Arora

Dear All,

Thanks for your support and guidance. My organization has issued a termination letter to me and my Senior Manager (because he was supporting me). This termination letter was issued by the Finance Controller who is sitting in the Canada Office. He seems to be the sole authority in this organization. There are many weaknesses in this organization that everyone is aware of. We have informed our CEO about these issues and requested him to come to India as soon as possible to save our operations in India because we want our careers to progress within this organization. We have an emotional attachment to this organization and do not wish to leave.

Now, the second issue is, can a Finance Controller issue a termination letter without first issuing a warning letter? In my understanding, a termination letter should only be issued after a warning letter. We are on the payroll and not on probation.

I am confused about what I should do. Should I file a complaint against these issues or should I quietly leave this organization? However, leaving this organization would mean giving the HR Manager and Finance Controller an opportunity to engage in politics with others, which I do not want.

Hi Neha,

There is no limit to close this topic. You can select the appropriate method and approach that will restore your respect and dignity and expose notorious characters who take advantage of their positions. They should realize that these tricks are not so easy to succeed with over honest employees by harassing and intimidating them, reinforcing the fear of losing jobs.

Losing a job is not a big deal. If it has to happen, it will happen, and no one can stop that. However, no one should be stopped from speaking the truth.

As I mentioned in my earlier response, you must highlight the labor laws for termination and warning notice procedures to your MD or CEO. Explain that the HR Manager is misguiding the higher-ups, and these illegal HR actions may lead to many penalties and financial losses for the companies if employees challenge this in Labour Courts. It's not only a question of penalties, but court orders state reinstatements with full back wages, meaning the salaries of employees during the period of termination will also be borne by the company. All this mess is due to the ignorance of the HR Manager, who seems to have no clue about Labor Laws in India.

Now, coming to your question about the authority to terminate, as per Indian labor laws, only the appointing authority empowered to sign your appointment letters has the authority to terminate your services. This procedure is also followed in Domestic Enquiry. If the company has empowered the Finance Manager, he can terminate services provided he has the authority to decide on appointments in the company. The court will also question the validity of this termination based on the authority to terminate.

This case is very weak and has no legal validity. Therefore, you have to speak clearly and loudly to the appropriate authority who can set things right in your company.

Finally, if all your attempts fail to convince, immediately approach the labor court and file a petition for reinstatement with full back wages challenging the termination. It's a straightforward case, and you can request the court to ask the respondent to ensure financial guarantees as relief for security against the recovery of financial losses. As this company operates from Canada and their Directors may quit the country anytime, there may be no recovery possible if the business is closed in India.

Meanwhile, search for another job and fight this case as it will take some time. You cannot wait, so you must find an alternative. Your action will be a lesson to them. You are not going to be a loser as your back wages are assured, and one fine day this order will bring your salary for this period of the pending court case.

As you know, either forcefully or unwillingly, you have to quit since they have terminated your services. Therefore, you are not going to be a loser in anything other than the job, which in both cases, is lost. At least you have a 100% chance to recover damages and salary for the pending court case period while sitting at home.

Enjoy and pursue some courses during this time.

Badlu

Dear Neha,

No one can issue a termination letter directly without any show cause notice or enquiry, etc. Please find the attachment of PPS that explains how you can take disciplinary action.

You can file a complaint with your area's Labour Commissioner (conciliation). If you have support from higher department officials, only then should you continue your job in the same organization. Otherwise, seek out a better job. If you continue in your current position, you may encounter such politics. This advice is to help you focus on your career growth.

Thank you.

Dear Neha,

Your situation is very tricky to read, and the decision that has been made by the company against you is not fair. In the meantime, you need to find out what happened in the particular meeting you attended.

The HR person is the bridge between you and the company. According to your statement, the HR is not fulfilling the role they possess.

For the valuable suggestions given by your peers, you need to follow the legal ways where you will definitely find a proper solution to your problem.

And one more thing, if the company is letting you go with third-grade reasons, that company might not be the best place for you to grow. It's advisable for you to seek a better company to further your professional development.

Regards,
Nelson S.
Chennai

Dear Friend,

From your letter, I sense that someone has instigated your finance controller against you and your Senior Manager. It might be the HR Head who is working against you. If you have received your termination letter, don't wait any longer; immediately start legal proceedings. Nobody can terminate an employee without a serious reason, and you have to fight back.

Best wishes,
Shiv🌟

Dear Neha,

As Mr. Badlu said, termination and warning do not go together. Domestic enquiry, and then punishment and appeal, approaching a labor court are all open to employees who are defined as workmen under the respective act.

As an HR person, if you are going to resort to these means, it may be harmful for your future career when no other management would be willing to employ such a person, especially in HR, regardless of the provocation.

Sexual harassment at the workplace is mental torture, and instead of being tormented by such evils, it is advisable to leave quietly when you find another job.

It seems your financial controller is hell-bent on removing you in favor of his relative.

As a managerial staff member, as an HR person, be sensible and practical so that you can nurture your career, which should be quite long. Life is not a day's game.

Regards,
N. Ramamurthy

With due respect to Mr. Rammurthy's advice, I humbly disagree with Mr. Rammurthy's suggestion to resolve this dispute by accepting termination. It would be a severe blow to Ms. Neha's career trajectory to have her termination recorded for indiscipline, which could pose challenges for her in future job searches.

Suggesting that Neha search for another job is not appropriate in this situation, as it is unavoidable that she will need to find new employment regardless of whether she raises this issue on this forum or not. Neha likely did not want to seek advice on finding a new job through this forum.

Thank you.

Hi All,

Thanks for your support. They have canceled my termination letter but not canceled my Sr. Manager's termination letter and also not taking any action against Manager HR who has misbehaved with me. He is still working with us. I have decided that I will file a complaint against him to save the Sr. Manager. Now I have to support my Sr. Manager. Am I doing right? Advice me.