Was My Termination Without Notice Fair? Seeking Advice on Legal Action Against HR

Dear Seniors,

I need your help with a query. I kindly request your assistance, and I will be very grateful.

I am an employee in a private sector bank, and my current designation is Branch Operation Service Head. In April, due to unforeseen circumstances, I was absent from my service from 25/04/2013 to 26/05/2013. The reason for my leave was a false allegation made by a lady staff member from another branch. She claimed that we had been married for five years and were planning to remarry. The lady, who is already married and a mother of two, also falsely claimed to be a divorcee. She filed an FIR, leading to me being charged by the police and spending a month in judicial custody due to these false accusations.

On 20/04/2013, the respective Session judge granted me bail as the lady could not substantiate her allegations. However, she later complained to our HR team, resulting in HR pressuring me to resign without any notice or office memo. They threatened to terminate me if I did not comply. Despite my requests to provide a written explanation and the reason for my leave, HR refused and barred me from entering the office.

On 30/05/2013, I received an office memo dated 16/05/2013, stating that I was expected to report to the branch by 21/05/2013. This was impossible as I only received the letter on 31/05/2013. Subsequently, they terminated my employment, citing unauthorized absence and failure to provide a proper explanation for my leave. I had, in fact, reported to the branch on 27/05/2013 and marked my attendance in the register. I had handed over all branch-related keys and informed my reporting manager and the Branch Head about the incident on 25/04/2013. However, they claim I did not inform them about my leave and proceeded to terminate me.

I have over 4 years and 8 months of work experience with this company, during which I have been a consistent performer, receiving regular salary hikes and increments. I have had no prior complaints or issues during my service.

Could you please advise if my termination without prior notice and office memo is justified? Can I take legal action against my HR for this?

Thank you and regards,

Balraj Singh

You need to consult with a lawyer in your situation; no one can terminate you. You can claim damages even from the organization and people who are supporting the lady for false allegations. Meet the lawyer and do not sign any paper in the company. They can't terminate you without giving any notice, and this is not a reason why the company would be able to terminate you instantly.

You mentioned that you received the memo dated 16/5/2013 on 31/5/2013. How was this delivered to you? By post, by courier, or by hand? If it was by post or courier, there should surely be a sent date-stamp on the cover. That will prove when it was actually sent to you—irrespective of what date is mentioned on the memo.

Like the earlier member mentioned, the bank can't terminate you this way. It looks like they have pre-judged the issue, made up their mind to terminate you, and sent the memo late to ensure it reaches you after the joining date mentioned in the letter [21/5/2013]. Please consult a lawyer ASAP.

All the best.

Regards,
TS

I received the memo on 31/05/2013 through speed post. The same was booked for delivery on 30/05/2013, and the letter is with me in a proper envelope where the speed post sticker is also available.

Thanks and regards,
Balraj Singh

The sooner you contact your lawyer, the better, I guess. You do have a very strong case in your favor—except that you need to go through the tension and delay in the process.

All the best.

Regards,
TS

What is understood from your narration is that your organization has terminated you without understanding the whole issue. An employee cannot be terminated in the first place without proper investigation of the details and substantial evidence. Your HR must be well aware of the consequences of terminating an employee without a valid reason. Based on a mere allegation and false implication, they should not have taken such a drastic step.

On your side, before proceeding on leave of absence, you should have submitted a written note of all the happenings to your immediate boss with proper acknowledgment. That would have shielded you from your HR terminating you. Recognition of your efforts through yearly increments and salary hikes is a part of the business. You also stated that the court has released you on bail. Your HR must have contemplated it from a legal perspective. Even though you don't have a past history of such incidents, from the company's point of view, it appears that as a defensive action, they acted in this manner. Don't lose your courage and don't get frustrated. Keep enough evidence and witnesses on your side to prove your innocence. Though consulting a lawyer may be of some help, before doing that, please approach the top management with all the details and records of the case and explain them. Who knows, they may understand your case in a sympathetic way and may reinstate you. All the best.

Regards,
Madhusudan

Argument in Question

The point of argument chosen by the lady is that both Balraj and she have been married for five years, and she suddenly declares this after such a long time. Why did she take so long if they are really married? Especially considering they are both employees of the same organization marrying each other. Is the organization blind to such important events? How are the parties involved in this issue managing health insurance without proper details submitted to the organization? What are their nomination details? Would all these things not shed some light on the hidden facts? The lady claims to be a divorcee. To whom was she married before, and from whom was she granted a divorce? If she is married to Balraj, then what has refrained her from disclosing the details to the organization before? Details are not evident.

Considerations for Senior Members

One thing that may be considered by the senior members when addressing other members as male chauvinists is that it is objectionable because nobody spoke a word against the lady nor was it disrespectful to the lady. The members were only trying to ascertain the details of the case presented and think from different perspectives. Each person has their own view, which may not necessarily be for or against the parties involved in the case. As this is a professional forum for all members irrespective of seniority/juniority to share their opinions, there should not be gender bias. Senior members may please rethink before posting any comments.

With regards,

Madhusudan

Dear Madhusudhan,

Thank you for your valuable time. I asked my HR manager the same thing: if we were married five years ago, why did she not tell anyone in my or her family? Why did she not inform the HR department for their records? Why did she not include my caste in her name as per Hindu tradition? Why did she not use the title Mrs.? How did she suddenly remember our marriage after five years, just as I was about to get married?

It seems she only did this to create problems in my marriage, and the HR department is supporting her without asking her any questions. She is allowed to work in the organization without any scrutiny, and she continues to perform her duties in the office.

Thank you.

Re: Gender Bias Discussion

By taking objection and offense to a part of my remarks, "... reflect the typical male chauvinism," you have once again highlighted the predominant societal trend. My comments were made without considering or thinking about the lady who made such a claim or complaint.

How can a working lady (a co-worker), who is a divorcee and currently has two children, raise such a dispute without any reason? However, no questions were raised regarding this matter. Does it not imply that it has been assumed prima facie that working ladies or divorced ladies are likely to make such false claims even when a person has no involvement or connection to the issue? Could you kindly explain what kind of attitude such acceptance implies?

It has also been assumed that the allegations are false, despite the fact that the person has been in judicial custody for a month as a result. In fact, that was the reason I was expecting responses from female members; so they could provide a different perspective or new insight.

Furthermore, it is perplexing that under these circumstances, no complaint of sexual harassment in the workplace was lodged; instead, there is only a claim for legal status as a "wife." To me, this indicates the absence or lack of hostility. However, this aspect has not been further investigated.

I urge you to come forward with your explanations if you have more experience in such matters. I also offer my apologies if I have offended you or others; I acknowledge that I lack experience in dealing with affairs concerning female colleagues, whether married, unmarried, divorced, with or without children, at the office.

I completely agree with your statement: "Each person has their own perspective. This does not necessarily have to be for or against the parties involved in the case. As this is a professional forum for all members, regardless of seniority or juniority, to share their opinions, there should be no gender bias."

This is what is expected from everyone; therefore, my views (and just the phrase "... reflect the typical male chauvinism.") should not be opposed or attacked.

Warm regards.

I appreciate your logical thinking and welcome your point of view. Since this is a professional forum, I believe that what I write should not be misconstrued. As a senior person, you know very well that female members contemplate a lot before voicing their opinions, particularly in cases involving members of the same gender. It is, however, up to them whether to comment on such matters or not. My point is, without knowing the circumstances that led to the divorce claimed by the lady, facts cannot be established in this case. For me, it is not wise to comment on such matters.

However, I still feel that Balraj was sent to judicial custody based on a prima facie assumption by the court regarding the primary accusations leveled against him by the lady. Moreover, if the lady is filing a complaint on grounds of sexual harassment, it may result in some form of action against Balraj by the company, and in such a case, she would be at a disadvantage, contrary to the purpose she intended. Hence, she chose a different approach to attain the "wife" status. My intention is not to oppose or attack your viewpoint.

Best regards,
Madhusudan

The first thing is to make it clear that when you were taken into custody by the police in April, prior to your arrest, you informed your immediate senior about the incident/cause of your arrest, to whom you are supposed to report. If you have done this, then the proper process for management is to either initiate a departmental inquiry or suspend your job until the result of the case filed by the lady is known. Depending on the outcome of the case, they can terminate your employment if you lose; otherwise, you will be reinstated to the same post. However, this process will take time (4-5 years). First, you should make a representation to your management about the entire incident and assure them that you will follow their orders if the decision goes against you. Since you believe the allegations are false and you have done nothing wrong, you should request to be allowed to continue in your job as it is a situation of survival.

After making your representation, if the management does not accept it, you will need to seek the support of a lawyer. I advise you to also make the representation with the assistance of a lawyer.

Please let me know if you need further assistance.

Thank you.

Questioning the Situation

Mr. Balraj may not be officially married, but was he having an affair or living in a relationship with the lady? Normally, when a lady, especially a divorcee, is working, some men may try to take advantage of the situation by making false promises of marriage, etc. Situations, sympathy, promises, and adorable words can lead her to believe them. When the promises are not kept, out of fear of losing the man she relied on, she might have revealed secrets. Such incidents exist. Mr. Balraj is not my target, but I request the seniors to also focus on the other side.

No complaint of sexual harassment at the workplace was made - perhaps they were on good terms until then. If Mr. Balraj is truly innocent, why would she seek revenge until he is in judicial custody? Why was she against his marriage? These are not easy things to prove. The court requires evidence. Many times, certain things, especially of this nature, cannot be proven with evidence.

Regards,

Dear Seniors,

In April, due to some unpredictable reasons, I was absent from 25/04/2013 to 26/05/2013 from my service. Was this one month's long leave communicated directly or indirectly to your seniors? Did your family members try to convey the message on your behalf to the right authorities? At least a phone call?

The actual reason for my leave was that on 24/04/2013, one of our lady staff (working in our other branch) made false allegations against me. She claimed that we had gotten married five years back and were now going to remarry. As per my family planning, the lady is already married and a mother of two children. She also claims to be a divorcee. She lodged an FIR at the police station, and I was in judicial custody for one month due to these false allegations.

She falsely alleged that:
- You married her 5 years back.
- Now, since you are planning to get married to someone, she just wishes to hamper that or stain your character by this.
You said she is a divorcee and mother of two children.

Can you let us know the tenure of employment with the company - both yours as well as the lady's?

Now, on 20/04/2013, the respective Session judge issued me a bail order because that lady could not provide any evidence for all the allegations. You said you were in police custody from 25/04/2013 to 26/05/2013. How can the judge issue you bail on 20/04/2013 when you were not in police custody at that time?

Please proofread and make changes. Assuming that you meant to say it was 20/5/2013, since bail was issued on 20th May, what were you doing in the lockup till 26th May? Secondly, what confuses me is just because I go and complain at the police station that I've been married to XYZ for so long and now he doesn't own me and is trying to get married to someone else, do you think the police will go and arrest Mr. XYZ? I will have to first prove that I have been married to XYZ.

Did you ask the police about the arrest warrant or any proofs against you? Photograph or marriage certificate or witnesses? Who signed in front of the registrar to get your marriage solemnized? Or do you mean to say that the police were able to keep you in police custody for around a month's time without any proof against you? Please explain the confusion and the gaps.

And now she complained about the same things to our HR team, and now HR is not allowing me to continue my job. They have pressured me to resign without issuing any notice or office memo. They also said if I did not do the same, they would forcefully terminate me. I asked them to please take my written explanation and reason for my leave, but they refused all the things and did not allow me to sit in the office.

I think the matter is being escalated in your workplace. You are being terminated for many reasons:
- Unexplained and uninformed leave for a month.
- Been in police custody for so long (for whatever reasons).
- A lady is accusing you of marriage.

Think from the company's perspective; a company doesn't want to keep a person who has a case filed against him. I can understand you're still not proved guilty and hence have equal chances that you're right in your place. But the unexplained prolonged leaves are enough to terminate you. Just check the separation policy in your appointment letter or the consequences of taking unexplained leaves for such a long duration in your employment manual.

On 30/05/2013, they issued me an office memo, and the memo was dated 16/05/2013. The company expected me to report to the branch before 21/05/2013, which was not possible because I received that letter on 31/05/2013. Finally, they issued me my termination order, stating that I was on unauthorized leave and did not provide a proper explanation for my leave, even though I had reported to the branch on 27/05/2013 and marked my attendance in the register. Although my HR knows all the details very well because on 25th April 2013, I had handed over all the branch-related keys (cash and other branch premises keys) which were with me to one of our other branch staff and also informed the incident to my reporting manager and head of Resign.

This is a problem because I believe in your posts ahead; you did mention that the letter was sent to you via speed post bearing the date 30th May, delivered on 31st May. However, in the letter, the issuance date is 16th May, and they asked you to meet them on or before 21st May. Here, the case is in your favor, and you can seek an explanation.

I had more than 4 years and 8 months of work experience with this company, and I am a regular performer in the company. I had regular hikes and salary increments year to year in this company, and I have not had any complaints or issues in my past service.

So, please guide me, can my company terminate me without any prior notice and office memo? Can I take legal action against my HR?

The same thing I asked my HR manager: If we were married five years back, why did she not tell anybody in my or her family? Why did she not even tell the HR department for their information? Why did she not carry my caste with her name as per Hindu religion? Why did she not use the title Mrs.? How did she remember about our marriage only after five years when I was going to get married?

These arguments are not very valid for the following reasons or counterarguments:

She may argue that you both fell in love, but you knew that there would be complications. So, you got married and hid it from families to avoid a scene. It is possible that the woman claims that the man promised her that once they got married, he would eventually let his family know about their relationship and convince them to accept her. But till that time, they should live normally as they did. She was waiting for him to convince his parents, but now, since his family is getting him married, she has no option but to reveal the truth.

About using the title Mrs. or using the husband's surname, many females do not change their last names after marriage. I have a female colleague who is married but uses her maiden name. My cousin uses her maiden name. You can't have a doubt because of that. A weaker argument again. I do not know how legally binding it is to adopt the husband's surname, but increasingly, females are not changing their maiden names.

She had done this only to create problems in my marriage, and HR is supporting her without asking her any questions. She is allowed to work with the organization, and she is working properly in the office.

Again, if you are raising this argument, one will ask why she should bring problems to your marriage. Is there any difference between you two? Why would any dignified lady claim herself as a wife of any man, and that too for such a long tenure of 5 years? Any explanations?

Regards,
Balraj Singh

Only I suggest to you, firstly collect all evidence that proves your innocence. You were terminated due to a lady who worked with you. She made false allegations that you married her five years before termination. Besides, she is the mother of two children. How is it possible? A lady is married either to two men, or you are the father of two children.

Bank terminated you without a memo or notice. If a memo was given to you after knowing the incident that happened between you, you were absent on long leave without information or authorization as per your company. Did you inform during this period? If not, why? You have to provide a strong reason against it.

False allegations were made against you. Collect all evidence that proves your blamelessness, such as the birth date of children, names of children's father, etc.

If you are involved in evil activity, it is better not to try to move forward. If you are not satisfied and think you are blameless, consult with a lawyer.

If any reasons or remarks are mentioned in the termination letter, read them carefully before taking any action.

Dear Ankita, I understand that as a woman, you may tend to support women, but in my situation, I have stated the actual facts in my query. There are matters of love and other issues involved, and the lady appears to be mentally upset. The respected High Court of Allahabad has already placed a stay on the case on 1st August.

Therefore, I seek your advice on whether, based on the High Court order, I can claim my job back from my HR due to the loss of compensation.

Thank you and regards,
Balwant Singh

Legal Implications of Stay Orders and Proving Innocence

Grant of stay in the case cannot be claimed as a relief or entitlement to claim your job back with compensation. The final verdict in your favor in the case by the appropriate court of law can only prove your innocence. Also, remember that the case can be contested in the Supreme Court by the lady. The onus to prove your innocence lies solely on you. Let us hope for the best.

With regards,
Madhusudan

Hello Balraj, If you'd reread my post, you'd understand I have taken neither side... All I did was a postmortem of your post. Whatever you wrote is accepted, and you are proceeding to the court of law to seek justice in the right way. My post is just to inform you that it is very likely that people will view it from the woman's perspective.

It is very natural that if a woman screams and shouts, people or passersby will judge the man and not the woman. The same will happen to you regardless of the genuineness of the case. Please remember that we need sufficient proof to present our case and reveal the truth. Otherwise, be prepared that the decision may lean towards the woman.

Our law is designed to protect women, and unfortunately, some females are misusing the laws. I agree with that and hence am informing you about the arguments that will arise, which you'll have to be prepared to answer to prove your point.

Wishing you luck.

I agree with your point, but in our present social network, there are many women misusing the law. If you look at the present time, there are many cases where the female is wrong, using the male only for her self-seeking purposes. Everything is fine if things go as per their requirements, but if the situation does not go as per their requirements, they misuse women's rights and make fake FIRs with false allegations.

In my case, I have written my true complete story. She is claiming she married me in a temple, but she doesn't have any proof like photos or witnesses, and there is no medical report to prove any physical relation. I have never been to any temple.

So, my only point is that being a senior with a respectable status, you people can only advise because you can only assume the matter. You don't know the actual reality, and people are using this site only for your best advice.

Regards

Mr. Balraj Negi, Only if you could keep your hatred for women aside whilst reading my post would you realize that I already mentioned the fact - It is sad that a few women are misusing the law created to protect women's dignity and her rights... Secondly, I had already asked you how it is possible that without any proofs you were in custody for one long month... I never said you're cooking up the story... I never took the female's side... I just informed you there are many loopholes in your story and how such cases would normally be perceived by society... As someone rightly mentioned, the female can seek justice from the Supreme Court if she's not satisfied with the outcome of the local court/high court... And I don't think if she has sufficient data to prove what she says, there can't be many things in her favor... All the best...