How Should I Handle an Employer Who Ignores Workplace Violence and Blames Employees?

Hi, I am Pratap, working as an HR Executive in an automobile service company. We have 250 employees and a yearly turnover of 7 crores.

A customer of ours physically assaulted an employee for a late delivery on the company premises in front of the customer. When I intervened, I was also attacked by the customer's driver. This incident has occurred before with other employees.

I have lodged an FIR at the police station, but the employer does not want to discuss this issue. When questioned, he shifted the blame to employees in general, citing their lack of proper communication with customers and dismissing it as my personal matter. He has indicated that he no longer requires my services and seems to be attempting to harass me.

My responsibilities include processing salaries for 150 employees, policy development, managing ESI/PF, employee welfare, disciplinary actions, etc. Despite being an MBA(HR), this is my first job, and I have been with this company for the past year as the sole HR personnel.

Regarding the employer's working style:

1. He has not filed PF returns from 2001 to 2008.
2. There is no company policy despite the company being 25 years old.
3. Employees feel insecure about their job security.
4. The employer encourages employees who suppress others as a means of controlling the workforce.

I am actively seeking opportunities outside this company. Due to my decision to file an FIR, the employer is inclined to terminate my employment, considering it a personal issue. I am planning to resign as soon as possible.

I seek guidance on how to handle this situation and will provide additional details if required.

Regards,
Pratap
9689901446

Dear Pratap,

It is a common fact that employers do not treat employees as their asset. The reason India does not grow is because of this kind of psyche.

I knew a case wherein a client of a Courier/Logistics MNC had beaten up its courier. The courier had to pick up shipments from various clients. This particular client was delaying the handing over of the shipment. When the courier protested the delay, he was slapped!

The courier reported this incident to the higher officials of that MNC, but they did nothing. They just counseled the courier, and life went on as usual. The higher officials looked at the business generated from the client rather than the slap that the courier had received.

Regarding your case:

a) Did you inform your employer before filing an FIR at the police station?

b) Do you have adequate witnesses? Will they provide evidence in court?

c) You have listed a few points as "highlights" of your company. They bear no relation to your case. If the employer did not file PF returns, why did you not try to convince him about the implications? If he was not willing to be convinced (which, in any case, he would not, considering his nature), why did you continue with this job? It is your employer's company, and how to run it is his personal choice. If his actions did not align with your values or preferences, you should have quit the job long ago.

d) Now, you have two options - close the case and keep it quiet or pursue the case. With the former option, you can continue with your employment. It will give you some lead time to look for another job. With the latter option, your employer may terminate you outright, and you may be out of a job.

e) If you attend interviews while unemployed, obviously, your market value would be lower, and your negotiating power will also decrease.

Please consider all angles.

Once you leave the job to teach a lesson, you may complain to the PF for non-contribution of PF. But do you think the PF authorities are not aware of this obvious fact? Your employer must be bribing them.

Best regards,

Dinesh V Divekar

Thank you, Dinesh.

Good advice. You are right about sitting for an interview without a job. I will try to find a middle way. We can adjust at times to win long-term success.

Regards,
Pratap

Dear Pratap,

The one thing that you have written is when a customer became fussy, how was the situation handled? Were your staff assertive? When you intervened, were you assertive? Did you apologize to the customer?

Have you trained your staff on customer service and, most importantly, on "how to handle irate customers"? When the customer was irate, what kind of service failure was there? Was it serious?

The problem of rude customers is everywhere. Has your company recorded instances of customer dissatisfaction? Have these instances of dissatisfaction been discussed in training?

Pratap, you need to learn to read the mindset of others as well. Despite working for about a year, why could you not understand the psyche of your employer? What he values and what he does not value, you should have understood by now. Will my employer support me if I approach the police? This million-dollar question you could have asked yourself.

Understanding others is a prerequisite of leadership. Without understanding, how can you influence others?

These are my humble views and in no way do I wish to antagonize you.

Thanks,

Dinesh V Divekar

Dear Mr. Divekar,

Will you please explain to me certain points -

1. Is it a right decision for anyone's career to work with a company where the employer's functioning is not congruent with your values or your choice? Because it will surely affect one's style of working and learnings at the initial stage of a career. Will that person be confident in future job/career?

2. Why can one not get his desired job and salary based on his own skills and talent if he sits for an interview without a job in hand? Does market value/job in hand affect one's negotiating power that much?

Thank you.

Dear Pratap,

First of all, I want to suggest that please don't let others know about your company's secrets and weaknesses in frustration. As a fresher, you got a job, and in fact, he is your employer. We could understand your problem and can give views only, but finally, you have to make the decision.

My sincere suggestion is to leave the job after getting the new job.

Regards,
SV

Dear Mr. Dinesh,

I welcome your comments.

I would like to point out that sometimes being assertive does not work. It is all situational, and it can't avoid damage.

In my case, he was requesting not to file a case, but I did.

I am back at work, so I think more than knowing the employer, one should know what is right and have the courage to follow that.

Most of the time, the employer does not have social responsibility in the real sense. In that case, you should have your own view and not follow the employer's (for that purpose, I prefer to be diplomatic and assertive).

And what do you mean by knowing his psyche? I, of course, know his.

But this does not mean that I take his point of view and compromise on values. See the difference?

It's not about knowing and obeying the employer; it's about having that influence which can let you make changes in the system.

Despite his resistance, I have filed a case, and I am still on the job.

I am on the job to show the company how one can fight these cases. I am looking for a job, and as soon as I get one, I am going to quit.

And I question you, Mr. Dinesh: Have you practically handled situations, or is this just knowledge without the test of practice?

I welcome your further comments.

Regards,

Pratap Kamble

Dear Pradyna,

My replies to your comment are as below:

1. Is it a right decision for anyone's career to work with a company where the employer's functioning is not congruent with your values or your choice? Because it will surely affect one's style of working and learnings at the initial stage of a career. Will that person be confident in future job/career?

Whether that person will be confident in future job or career, I cannot say, but it will affect his/her working style, that is for sure. Either he/she will become docile or aggressive. In the initial stage, he/she did not understand how the management science is followed in practice, and it will erode that person's faith in the management science. That is the last thing anyone can ask for!

2. Why can one not get his desired job and salary based on his own skills and talent if he sits across for an interview without a job in hand? Does the market value/job in hand affect one's negotiating power so much?

When you are without a job, your market value reduces because you become needy. You cannot command anything. Confidently, he/she cannot say - look, this is what I am, this is what I stand for! Obviously, that candidate cannot show any confidence. Once you become needy, how can you negotiate? A seasoned interviewer will find out this in just 5-10 minutes and start manipulating things to his/her advantage. Pradyna, make it a point, you can negotiate only once at the time of the interview. Thereafter, nothing can be done.

Ok...

Dinesh V Divekar

Dear Pratap,

My replies to your comments are as below:

I would like to point out that sometimes being assertive does not work; it is all situational and it can't avoid damage.

Being assertive does work. Rude customers are a challenge not only in your industry but in all industries. Ask cabin crew - how challenging their job is at times.

In my case, he was requesting not to file a case, but I did. I am back at work. So, I think more than knowing the employer, one should know what is right and have the courage to follow that.

I appreciate your self-awareness and courage as a value. It is good that you are showing values in action.

Most of the time, the employer does not have social responsibility in a real sense. In that case, you should have your own view and not follow the employer's lead (for that purpose, I prefer to be diplomatic and assertive).

Whether the employer demonstrates social responsibility or not is their choice. You exercise your choice!

And what do you mean by knowing his psyche? Of course, I know his. But this does not mean that I take his point of view and compromise on values. See the difference?

It's not about knowing and obeying the employer; it's about having that influence which can let you make changes in the system.

You have a fire in your belly to change the system. Very good, but who keeps this fire burning, by the way? Your employer! If you wish to change the system, then being a paid employee, it is not possible. Raise your own company and demonstrate principled centered leadership.

Let me quote the story of an owner here. In the fifties and sixties, a large number of Japanese and Koreans went to the USA for higher studies. One student from Korea found that these Americans work only for 8 hours, and that too five days a week! In his country, slogging for 12 hours and that too for six days was the norm. He thought once he goes back to his country, let him start his own company where he will ensure that his employees do not work more than 5 days a week. He indeed did that. Who was he? He is the owner of Samsung!

In spite of his resistance, I have filed a case, and I am still on the job. I am on the job to show the company how one can fight these cases. I am looking for a job, and as soon as I get one, I am going to quit.

No comments!

And I question you, Mr. Dinesh. Have you practically handled situations, or is this just knowledge without a test of practice?

I am an ex-hotelier. Ask any security manager/officer of a star hotel, and fights with or among the drunken are common. If security officers of the hotel were to retaliate or go to the police and lodge a complaint, then probably they will end up lodging a complaint every month! Handling Indians is still okay; however, handling foreigners is still a little difficult. One needs to be quite cautious. One wrong move, and the reputation of the country itself is at stake.

Among those who are Indians, hoteliers have to deal with people of all hues - actors, actresses, business tycoons, sportspersons, and above all politicians. Many of these people have their own whims and fancies. But then the hotel business has to go on despite their whims and fancies.

I welcome your comments further.

My final comments: Pratap, convincing is another name for leadership as well. I doubt you have a process manual to handle your operations. You could have convinced your management to introduce one. Secondly, you also could have convinced your management to conduct staff training on implementing principles of customer service. It could have gone a long way. Were you proactive in informing your customer that his vehicle could not be serviced on time? Probably not. Proactive information always helps.

Following are the universal customer needs:

- Need to be UNDERSTOOD: Those who select your service need to feel they are communicating effectively. This means the message they send should be interpreted correctly. Emotions or language barriers can get in the way of proper understanding.

- Need to feel WELCOME: Anyone doing business with you who feels like an outsider will not return. People need to feel you are happy to see them and that their business is important to you.

- Need to feel IMPORTANT: Ego and self-esteem are powerful human needs. We all like to feel important. Anything you can do to make a great feel special is a step in the right direction.

- Need for COMFORT: Customers need physical comfort; a place to wait, rest, talk, or do business. They also need psychological comfort; the assurance they will be taken care of properly, and the confidence you will meet their needs.

Thanks,

Dinesh V Divekar

Dear Pratap,

This is my last comment on this post. Please read the following book. Later, build the customer service mechanism based on this book. If you had done it earlier, the contingency that you mentioned would not have arisen. The book is:

A Complaint is a Gift, using customer feedback as a strategic tool by Janelle Barlow and Claus Moller. The book in India is published by TATA McGraw Hill.

The chapter 7 is "Five Principles of Turning Terrorist Customers into Partners".

Ok...

Dinesh V Divekar

I have a question. My employer suddenly called me yesterday and asked me to resign. They told me that this is due to my non-performance. I had to resign. What legal actions can I take against them? Please kindly advise.

They ask everyone to work for 10 hours every day or more. They have just given me an offer letter, not even an appointment letter. Kindly advise me on this. I am helpless.