Dear HR professionals/Veterans,
I need advice on the following issue. My elder brother is working with a private limited company in a mid-level management cadre. He has almost completed 7 years in the same company and has grown from department head to Factory Manager during this period. As he was also heading the administrative department, approximately 23 employees out of 150, both regular and casual, along with a mid-level manager, have alleged, with a letter and signatures from these 23 staff members, 21 points of allegations without any proof, solely out of grudge and jealousy towards the co-manager. Most of the allegations point towards misconduct, misbehavior, theft, and the use of vulgar language. Apart from the signatures on the letter, there is no other evidence. The jealous manager who initiated these allegations followed up by forwarding the letter to the Vice President at the Head Office, accompanied by verbal communication, and made efforts to convince him to remove my brother from the organization. Under pressure, the unit head also supported the group's actions, requesting no immediate action until his return to the workplace. Meanwhile, the jealous manager communicated ill intentions to remove my brother from the organization. The next day, my brother was summoned to the Head Office. After several discussions, no evidence was established, but due to pressure from the jealous manager, it was suggested that my brother should leave to avoid unrest in the organization. Eventually, the Vice President asked my brother to leave without a proper process.
Please note that my brother did not resign, no discharge sheet was issued, and no formal inquiry was conducted. The organization lacks professionalism, without an HR department. They did not provide an employment letter, but my brother possesses Form 16 for the past 7 years, clearly stating his designation as Factory Head along with salary details. Upon his return to the workplace, the local management displayed a notice stating he was no longer a member of the organization on all notice boards. They also informed clients of his departure. In response, my brother, feeling distraught, has not attended the office for the past 25 days and requested his salary, which was refused pending a response from the Head Office. Technically, he remains an employee as no resignation or termination occurred. Out of the 23 signatories, 18 have written to my brother, retracting their allegations as false and part of a conspiracy to remove him from the organization. They claim they were coerced and threatened into signing and identify the jealous manager as the one adversely affecting the work culture, urging appropriate action.
In this situation, please advise on the best course of action. Should my brother return to the office or pursue legal action if denied entry? If requested to discuss the matter within 7-10 days with a representative, and if asked to continue his job, can they transfer him or settle with a notice period and gratuity dues? Would he be eligible for gratuity without an employment letter, relying only on Form 16 for designation and salary details? Can they file a case against him without evidence? Your valuable advice is appreciated as my brother wishes to continue working there.
Regards,
Raj Kumar Panda
I need advice on the following issue. My elder brother is working with a private limited company in a mid-level management cadre. He has almost completed 7 years in the same company and has grown from department head to Factory Manager during this period. As he was also heading the administrative department, approximately 23 employees out of 150, both regular and casual, along with a mid-level manager, have alleged, with a letter and signatures from these 23 staff members, 21 points of allegations without any proof, solely out of grudge and jealousy towards the co-manager. Most of the allegations point towards misconduct, misbehavior, theft, and the use of vulgar language. Apart from the signatures on the letter, there is no other evidence. The jealous manager who initiated these allegations followed up by forwarding the letter to the Vice President at the Head Office, accompanied by verbal communication, and made efforts to convince him to remove my brother from the organization. Under pressure, the unit head also supported the group's actions, requesting no immediate action until his return to the workplace. Meanwhile, the jealous manager communicated ill intentions to remove my brother from the organization. The next day, my brother was summoned to the Head Office. After several discussions, no evidence was established, but due to pressure from the jealous manager, it was suggested that my brother should leave to avoid unrest in the organization. Eventually, the Vice President asked my brother to leave without a proper process.
Please note that my brother did not resign, no discharge sheet was issued, and no formal inquiry was conducted. The organization lacks professionalism, without an HR department. They did not provide an employment letter, but my brother possesses Form 16 for the past 7 years, clearly stating his designation as Factory Head along with salary details. Upon his return to the workplace, the local management displayed a notice stating he was no longer a member of the organization on all notice boards. They also informed clients of his departure. In response, my brother, feeling distraught, has not attended the office for the past 25 days and requested his salary, which was refused pending a response from the Head Office. Technically, he remains an employee as no resignation or termination occurred. Out of the 23 signatories, 18 have written to my brother, retracting their allegations as false and part of a conspiracy to remove him from the organization. They claim they were coerced and threatened into signing and identify the jealous manager as the one adversely affecting the work culture, urging appropriate action.
In this situation, please advise on the best course of action. Should my brother return to the office or pursue legal action if denied entry? If requested to discuss the matter within 7-10 days with a representative, and if asked to continue his job, can they transfer him or settle with a notice period and gratuity dues? Would he be eligible for gratuity without an employment letter, relying only on Form 16 for designation and salary details? Can they file a case against him without evidence? Your valuable advice is appreciated as my brother wishes to continue working there.
Regards,
Raj Kumar Panda