How Should I Handle My Suspension and Prove My Innocence After a Theft Incident?

Please advise about my suspension.

Sirs, I am a permanent employee of a large private company for 5 years, working as a PA to the chairman, posted at his residence. In continuation of the last 2 thefts on 16/7/09, a theft was again reported by the chairman (Rs 10,000) to the housekeeper, who is not a permanent employee but acts as my boss. With the chairman's order, my boss issued me and 3 of my helpers a suspension letter for 1 month pending an inquiry into the theft, and we would be without pay during this time. The letter was handwritten on plain white paper. Again on 24/7/09, there was another theft. This time the matter was reported to the police. Since then, both the chairman and my boss have been out of the country. My helpers are casual staff. Now, as 1 month is over, I have not yet been contacted by our efficient HR department. Please advise how I should handle the situation. As the second theft has proven my innocence, how do I address my humiliation?

I hope this helps with your query.

Dear Friend,

Your suspension is absolutely illegal for the following reasons:

1) You have been suspended without any in-house inquiry.
2) You have not been provided a subsistence allowance during your suspension period.
3) The police case is independent of your suspension and cannot be merged with your legal rights under labor law.

I suggest you engage a good lawyer and serve notice on your employer to initiate legal action.

Regards

You would want to avenge your humiliation? Think again. Yes, your boss was wrong when he suspended you for no mistake of yours. However, the second theft has proved your innocence and your non-involvement. Had you not been suspended earlier, you would have been questioned and doubted for the second theft.

So what I guess is - wait until your boss returns and ask him to give a satisfactory explanation on why he suspended you despite the previous years of experience, and why the HR department did not take an initiative to call you back. It's just a suspension, not termination, meaning that they did not completely doubt you. Talk to the HR department and ask what the current status is. Try not to take it as much as a humiliation because it's a humiliation for your boss to have misunderstood you, not for you. Revenge is a waste of time unless and until the results of it are in terms of profit! Take it from me.

Dear,

Your suspension is illegal because there can be no suspension without paying suspension allowance. What about the charge sheet and what is the further progress in this case? Mr. Kawaljeet Singh has said rightly in this regard.

J.S. Malik

Don't think of revenge. Legal action may not be a proper solution at this stage. Since you are suspended for one month, I think upon expiry of one month, you should report to duty. The second theft during your suspension period might have made the management realize that suspension was imposed on the wrong person, and payment may be made to you for that period on humanitarian grounds. Upon reporting to your duty, you may assess the present situation and consider the next steps.

It is very unfortunate that you are going through this situation. The fact that your HR has not contacted you shows that the letter given to you by your boss is not official, and he just wants to scare you so that you yourself leave the job. You should fight for your salary and ask your boss to hold an inquiry and find the guilty. If this entire episode is not fair and transparent, then you should initiate legal action from your side.

Also note that the second theft will prove your innocence only toward that incident. There is no connection between the first and second incidents. You cannot put a point saying that the second theft happened when you were in suspension and hence you are innocent in the first theft also. Have courage and fight for justice. I wish you will come out of this very soon with flying colors.

Thank you, sirs, for your advice. I have come to know that the Chairman and my boss will return on 1/9/09. So, I will wait until then. Am I on the wrong side as I have not contacted the office now that the suspension period is over?

Thank you again. My email ID is sbhattachary@yahoo.in.

My friend,

Before giving any comment on your query, I still feel that there are many things that need to be addressed openly.

Can you scan the suspension letter and post it here?

You say you want to take revenge. Why is that? What is the reason behind your desire to do so?

If there is nothing on your side, why are you getting so annoyed? Why do you always refer to the casual workers?

How many times have you reported to the HR department, boss, or chairman about the behavior of the worker who acts like your boss?

A worker will only act as a boss to a staff member if the staff member allows it to happen.

Many questions arise...

Can you please answer and be completely open so that we can assist you better?

Dear Friend,

I agree with Malik ji and Kuljit Pal Singh – do seek legal remedy. Small companies under dictatorial Chairman & BoD behave like landlords of yore, mistreating and humiliating their staff. Others cannot understand your humiliation because they have never faced such a situation where they have been accused of THEFT by the management, and they can keep their head held high in society and be a source of inspiration for their families/dependents.

To doubt your integrity and label you as a thief (under scrutiny) for a mere few thousand rupees – I understand your hurt and humiliation and your urge to seek revenge.

I don't think you even got any subsistence allowance pending inquiry (usually half of the monthly salary). And I don't think there would be an order to revoke the suspension, and you would be given a full salary for the month (without any work - because you were suspended by the company).

It is a ruthless Shylockian company where the Chairman loses his personal money – a mere few thousand rupees – and brands so many employees as thieves.

Because I know, the "competent HR" there (as rightly pointed out by you) do not even know all these, nor are they aware of any Disciplinary Procedure; else they would not have suspended so many employees for such trivial issues.

They think the Company is NOT liable to pay anything for suspension or during suspension. Let someone go to the Labour Court; I am sure the Court will definitely teach them some labor laws, some principles of Natural Justice.

Please be brave. Let me know what payments you (or the other workmen) received during the suspension. Meanwhile, keep looking for another job.

Please don't use the term "revenge"; Courts do not look favorably at such usage of words. Instead, use the correct emotion and feeling; say that you want to redeem your self-respect or need to be compensated for your mental agony and humiliation.

My sincere advice is to seek a job elsewhere immediately, and due to the recession, if you face any problem, then go in for entrepreneurship (even open a small retail shop); rather than work for such a rotten company.

BE WARNED:

You may tend to disagree with my suggestion, please note that tomorrow you can be implicated in a major case. Obviously, the management has targeted you. If they were not pleased with other workers, they would have been suspended excluding you. But they chose to implicate you.

If you get off the hook this time, tomorrow you may not be. Instead of being PA to the Chairman in such companies, you will be better off (financially, emotionally, and spiritually) as a PS/EA in a good ethical company; preferably a PSU or an MNC.

QUOTE=malikjs;838947]dear

Your suspension is illegal because there can be no suspension without paying a suspension allowance. What about the charge sheet and what is further progress in this case? Mr. Kawaljeet Singh has said rightly in this regard.

J. S. Malik[/QUOTE]

Dear Raj Kumar,

On what basis do you say that the persons involved are dictatorial? How many years have you known these people? I am amazed by your fantastic power to know people just by the postings of others and make comments about them.

On what basis have you told that the others have not understood the problem? It is very surprising to give suggestions without understanding the entire issue. You have heard only his part of the story and you keep on giving suggestions and misguide him on the issue. But you never make him aware of the ground realities.

How many years of experience do you have in managing people? Throughout your career, have you grown only based on licking the feet of the management? If yes, do you think others have also grown up only by licking? Before feeling sympathy for others and their dependants, first feel pity on yourself and your image put across to the people. Sympathize with yourself first and your own dependants.

On what basis has he been labeled as a thief? Do you know the entire story? If you don't know, then why are you instigating him to take revenge, thereby spoiling his entire life ahead.

Here everything is monotonous because we give suggestions only based on the postings done by the member. The person has not even come back on the queries that I have raised in my reply.

We have great people who can brand people just like that, without going into the micro details of the issues. We are good at using rarely used English words and proving our vocabulary right. It is better to be an English professor.

Make it to prove their point right only by seeing the post (competent HR; there, as rightly pointed out by you); do not even know all these, nor are they aware of any disciplinary procedure; else they would not have.

The good thing is that you have mentioned not to use revenge. I do not know why you have asked to use. You asked him to seek a job elsewhere or become an entrepreneur. Your output of life is reflecting in that point. You have suggested opening a betel shop. That shows your output towards life.

You can give ample suggestions just by seeing the post and not understanding the real picture. Not even showing interest in understanding the real picture.

Lastly, you have demoralized the person to a very greater extent by suggesting him to become a peon in a PSU or MNC (you have mentioned that these are ethical companies).

Based on the response you have made, it clearly shows your understanding, knowledge about work culture, and people.

In my company (The largest manufacturer of Terry towels in the world - well, we are the best and sole suppliers to the White House) - The MD has the habit of gifting costly and luxurious towel/bath sets to clients and important guests as a compliment. One day, one such towel set was kept in a room and it went missing. Right from the GM to peon level, everyone's place was thoroughly checked. (Not because we did not trust anyone, it's because we did not want anyone to feel targeted in particular.) We were able to find the person who was so much in love with the towels and kept it for himself/herself.

So this suspension need not be targeted. It's good he was suspended in the beginning, else - after the second theft, he would have been misunderstood. It's okay... and - Rs. 10,000 matters to them! (Hello - it's 10,000 today and 1,00,000 tomorrow.)

The usage of "licking one's feet" and "targeting" is just an outburst of emotions not in control, was not necessary.

Maybe the management had a plan behind the suspension - to know who exactly is the culprit. It worked, I guess.

And this person here who is talking about revenge and leaving the company...

Why would you want to leave if your innocence is proved - management will be more careful with you in the future. What will you say and leave, "Hey, they doubted I stole the money" or "career growth"?

The latter one you would say - but think. Don't let your mental tension decide you to take a decision. Yes, self-esteem matters. For that, talk to your MD when he comes back and ask them why you were treated so badly. You will have the answer there - whether to continue or leave!

Take time to think in a calm atmosphere. Don't let unnecessary thoughts stop you from thinking effectively.

Dear Raj Kumar Ji,

My thoughts are very similar to yours, but my dad's thoughts are similar to Mathew Saab's. I think Peer Saab misunderstood some points in my posting, which I have explained in detail to him in an email. I hope Peer Saab will address my email and provide his advice shortly.

Thank you.

Dear Friend,

The employer is within his rights to suspend an employee pending an inquiry into the allegations made against him/her.

The suspension order must be followed by a detailed charge sheet, and the concerned employee must be given a fair and proper opportunity to explain his/her side of the story.

Additionally, the suspended employee is legally entitled to receive a subsistence allowance of 50% of wages for the first 90 days, and thereafter 75% of his/her wages until the investigations are completed in accordance with the principles of Natural Justice.

In your case, the suspension is illegal as you have not been allowed a subsistence allowance as provided by law. Furthermore, you have not been issued a charge sheet calling upon you to explain your side of the story. This action will not stand the test of the law.

You could make a detailed representation stating that the action taken against you is violative of legal provisions and a total violation of the principles of Natural Justice. Indicate that your lawful entitlement to a subsistence allowance has been denied to you and demand that this be paid to you immediately.

Mention in your representation that you have not been informed of the charges leveled against you and have not been given an opportunity to prove your innocence or tell your side of the story.

In light of the facts mentioned in your representation, request immediate reinstatement in service with full back wages. Clearly state that you are innocent and have done nothing to deserve such treatment.

Do this and return to us; I will be glad to advise you on any further course of action if required.

Cheers!

Vasant Nair

09717726667

Email: vasantnair10@gmail.com

Why not?

What makes you think money is rated above you? If it were not for people like you, your chairman would not have seen or even heard about a crore. You have a reason, so stand up and ask why you were treated. Because your chairman is not a being with no life - he is a human too. You could talk to him and tell him that you felt really bad - but waited for the truth to come out. Even after the truth is out, you have not been treated the way you are supposed to be.

I don't understand what the problem is with you (Mr. Bhatta) contacting their HR people directly, since the suspension period is over. You were suspended for one month, and that period is now over. What is the necessity for you to wait for their call? Why don't you approach them?

Even if you are waiting for the return of the Chairman and your boss, you can still gather knowledge about the ground realities before their arrival.

Parasurampur ji, Mathew saab, Rajkumar ji,

My suspension letter was not official though I am a permanent employee. This might be because the chairman did not want to make the matter official. So now, if I go to the HR department, would it not be against the chairman (proprietor)? Now, let's say I say what Mathew saab has said, and the chairman asks me to join back on duty. Do I tell him I want compensation? If I say no, the chairman would not like it. Do I have to bear the rape of my self-esteem for existence? What else can I do at the age of 38 with kids? I cannot run my family on a beetle shop. So, if anyone can advise, putting himself in my shoes, I would love to teach a lesson to this chairman that I have a heart.

My dear Peer Sahib

I am SHOCKED at your vicious attack on me, without any provocation.

I am not surprised, though; as such thing keep happening around the world and even in India.

Without going much into the sordid and nasty content of your mail, I just want to say

- WHATEVER I EXPRESSED ARE SOLELY MY PERSONAL OPINION which I am entitled to.

My earlier post was just an expression of SHOCK and OUTRAGE for such blatant victimization; where a person who has been a PA for Chairman, for quite some time, is ACCUSED OF THEFT by the Chairman himself, that too of only Rs. 10,000/ - which for all you know had been MISPLACED OR LOST.

The point to be noted is - The money was not even placed in the custody of the person, nor there is any proof of its existence. Its just one person's word against another. And if a person does such a thing, to his immediate sub-ordinate and PA (PA's are supposed to know even CONFIDENTIAL matters), then it stands to reason, that the senior person is using his AUTHORITY to harass an innocent subordinate.

I don't know what such persons are called in the world to which Peer Sahib belongs. But in rest of the civilized and Western world, if such people are Heads of organization/office/country etc. they are known by the term Despot, Dictator etc. and that is the term I used.

Peer Saheb, May be you should teach me, because I do not know anything about you and your culture/place/nation/organization etc. where accusation of theft, which prima facie seems to be false, is not a big thing.

But in India, it is such an outrageously shameful accusation, that the accused may not be able to show their face to the world, they may even commit suicide.

Please TRY to be sensitive, though I doubt very much that you can be, coz one needs a soft kind heart which you definitely lack- WHICH IS EVIDENT FROM THE VICIOUS WAY YOU ATTACKED ME.

Please try to put yourself in the shoes of that person, to FEEL WHAT HE MUST BE GOING THROUGH.

Just imagine, if this has happened to you.

Would you be the PA of such a person, who will implicate you on a false charge of stealing Rs. 10,000 ??

I am not talking about you (since I do not know you), but no self-respecting person would work under such humiliating condition. In fact, personally, I would prefer to starve to death, than to work under such humiliation.

I have tried my best to understand the person affected, share his pain, sorrow and anguish; and counselled him not to indulge in "revenge", but to definitely protest; and if not, seek another employment.

I am happy that he is feeling fine and competent to handle his affairs.

Let me tell you that if you wish to counsel a person, you can not do it by sitting in a high chair. You have to be WITH the person, and take out his anguish first.

I have explained, what I wanted to.

I do not wish to comment upon the derogatory portions and the derogatory nature of your post. Kindly do not make this forum your personal battlefield.

But if you are unable to rein in your hard-core viciousness and cruel temperament, you can keep on attacking me or others; but I may refuse to respond to your terrorizing posts, as I value my time which can be spent on other peaceful matters.

Thanks for the only thing I liked in your post - your suggestion that becoming an English Professor; I love the language and literature and the fact that it is a symbol of love, peace, equality, justice and enlightenment and does not brew enmity or religious bigotry and fanaticism.

Dear Bhatta,

Tit for tat does not work here. The sweetest form of revenge is to be good to your enemy. To look at them with compassion. Forgive them - money, wealth, status have all blinded their hearts. I am sure if it was many years back, wealthy people never used to be this bad at heart. Now they say, "World is changed, we can't worry over small people."

They call us small people, but people with a great heart are not small. Don't think about revenge at all - that is not our responsibility on earth, don't make God feel relaxed; he will take care of it.

No harm in talking to your chairman and asking him if you can continue with them, as you have only served them with a clean heart and mind. Ask them if they are still suspicious. This can break their heart and feel bad.

When you take revenge, they will only try to put you down by saying, "after all, I am the chairman, what can a PA do?"

But if you approach them and ask them to look at the situation, and just let them know that you felt bad... things will be different.

Stay away from revenge, stay away from creating more depression in mind.

Mr. Raj Kumar & Mr. Peer,

Let us encourage healthy discussions. After all, we do not know each other by face, but all are endeavoring to give their opinions or advice to the members who are in need of help. If we shed our superiority complex or ego, everything will go smoothly. Let us not allow personal animosity to grow further. I request both of you to refrain from issuing rejoinders or counter-rejoinders from now on.

Hi,

Your suspension is illegal as it has been imposed on you without any explanation or justification. Before taking any further action, you should request clarification on the reasons for your suspension from your boss once they are back in the country.

Regards

Have some self-confidence and courage, man!

It seems you hesitate/fear to approach both the chairman and HR.

I think all these situations are nothing but your fear only. Please don't forget that members of citehr can only advise you, but you have to take action.

In most cases, wrong steps are not taken, but circumstances make it so.

If we make a mistake, we often rationalize it by thinking that we intended to do it that way but it didn't turn out as planned. When our neighbor makes a mistake, we tend to blame them for not doing it properly. This is human nature. We sometimes overlook the actual situation before passing judgment.

Therefore, your chairman might have made a mistake or it might have happened unintentionally; you need to investigate the reality. Additionally, for the sake of sustaining your family, sometimes you have to make compromises.

There is a saying, "If you are not a thief, then you should not be bothered even if someone accuses you, and if you are a thief, then too you should not be bothered because the accusation holds truth."

Facing reality does not go against self-esteem. If you are honest, why should you feel that something is wrong with you? Even real culprits, for the sake of their children, try their best to hide their crimes.

Don't overthink and burden your mind. Since you have no other way of earning, it would be better to continue with the same job. Avoid pursuing compensation, as it may not serve any purpose.

Secondly, for the sake of sustaining the family, we can do nothing.

Please delete the sentence from the third paragraph that I intended to write something but omitted.

Thank you, everyone. All your letters have really helped me in my thought of action. As advised, I would forget about revenge and compensation. I would certainly let you all know about the progress of the case as it happens. Please tune in when possible and share your thoughts.