How Can My Friend Fight Back After Being Forced to Resign Due to Harassment?

I need to seek help for an unfortunate incident experienced by my young friend. The girl was subjected to verbal harassment via SMS by her boss. She had the courage to file a complaint against the manager with HR and requested a release from the project. She stopped going to the office for two months, hoping she would be released from the project. However, when the new HR took over after her original HR went on maternity leave, she did not listen and asked the girl to resign. Under pressure, she resigned.

Now, she wants to fight back against this injustice and prevent her career from being harmed. Please help.

Thanks

If it's not too late to ask, did she document her communication with HR? I am certain our mentors and legal experts will see far more into this issue.

Communication Method with HR

Was this communication with HR through emails or verbal?

Of course, she can fight back if she has things documented and also the notification of the non-presence at work or the office.

Further to what (Cite Contribution) & Akhilesh Dubey have mentioned about your friend's interaction with HR being in writing/emails, please also clarify/confirm if she has saved the SMSs that she says she got from her boss. If she has, she has another avenue to take up the issue—Police. With the recent countrywide happenings, the focus on such situations has heightened a lot. However, she needs to have evidence... at least the basic ones. Once she can prove it to an extent [for the Police to register a complaint], the Police have a right to dig into the rest of the emails/SMSs [that she got from the boss] from the service provider.

But there are a few jarring notes in what you mentioned.

Why does she have to stop going to work for 2 months to enforce her shift from the project? This doesn't jell with the rest of the details you mentioned. There's something missing here.

The very fact that she doesn't even know that the earlier HR went on maternity leave [which is usually well-planned in any organization] surely proves that she didn't make even the basic efforts to 'stay in touch' with HR.

Your mention about 'stop her career from being damaged' seems a bit out of context [unless there's something else more to it].

How is her career being damaged? If she has resigned, she would have received her relieving & experience letters—which I presume would be 'clean' & not include any terminology usually associated with terminations. This can lead someone to make 'unpleasant' conclusions.

All she will need to focus on is to look for another job now.

Please give the complete inputs for the members to suggest realistically.

Regards,
TS

Understanding the Role of HR in Discrimination Cases

See, we are not doctors or lawyers; we are just HR professionals. However, to help us clearly understand the problem, you have to explain the matter in detail. Withholding important information will only result in receiving half-baked advice or suggestions.

There are cells or forums to fight such discrimination cases, but you have to convey the case properly with facts, documentary evidence, etc. Only then will there be some likelihood of getting justice.

Yes, she can fight back. Please elaborate on the incident a little. If it was a sexual harassment case, she can not only sue the company but also set an example for others that girls are not a toy and they also need to be treated with full dignity and respect. It is some pathetic coworkers who spoil the work environment, and those should be dealt with suitably. If she has the SMS till now, I would like to suggest she take the legal path and teach him a lesson.

Incident of Verbal Harassment via SMS

The girl was subjected to verbal harassment via SMS by her boss. It seems to have been a voice SMS. If it is still available on the mobile, action can be taken.

Regards

My suggestion is to make a detailed draft on the happening, along with the details of the SMS received by the respective person, and make a registered post to the HR head of the company and a copy to the labor commissioner. I believe there is a separate cell functioning for the welfare of women in the labor department.

If the process is initiated, then your friend in need may find a solution. Also, I request all our site members to register their grievances with their HR department in writing. Because jurisprudence requires proofs, which have to be solid in order to achieve justice. Word of mouth may not serve the purpose in the majority of places.

To be precise, waiting for a couple of months is not advisable. It's a setback in the person's career. The world is ever-changing; in the next interview, the HR might not get a clear picture due to this delay in seeking justice.

Nevertheless, the past is the past; initiate the process for justice. All the best.

Incident Handling in Cases of Workplace Harassment

A similar incident happened in one of my friend's organizations. In that case, within 10 days, a girl registered a complaint with several NGOs, followed by a police complaint directly, without involving HR or other higher authorities. The police arrested the person, and HR suspended the individual, arranging an internal inquiry and offering full support to the female employee.

In such cases, if an employee believes that another employee holds a powerful influence in the office, a direct external complaint can be made, similar to the approach taken by the aforementioned female employee.

Regards

Responding to Bullying via Mobile Phones

Mobile phones are a popular choice for bullies. They don't care whether they receive a positive or negative response, and people may advise you to ignore it and stay out of it. I think responding to this threat is your right, and you should take action before it's too late.

It is difficult when you are not aware of who is sending the message, but in this case, you are aware of the name of the person. Document the text and report it to the police station.

My friend, this girl made a mistake by not going to the office for two months. At least she should have informed her situation to the top management in the first place.

Case of Forced Termination

A case of forced termination can be made out subject to documentary and circumstantial evidence. The only issue is two months of non-reporting for duty without seeking any instructions from the management. However, even the management has not taken any action on such absence from the office. More details are required. What was written in the resignation letter?

Regards