Illegal termination & women harassment - manager & her DR joined hands & alleged that she pressurised her team to invest funds

One of my friends was working with an MNC in NCR for the last 4 years. For the past 2.5 years, her manager was harassing her in every possible way, including yelling, disapproving projects, hindering performance, making lewd comments, and not easily approving leaves or work from home requests. She complained against him twice to her HR.

One of her peers bought a product through an online portal using her name as a reference error. After a few months, she received complaints against that peer from his team, and she took action against him.

Both this manager and her peer joined forces and alleged that she pressured her team to invest funds in her husband's business, which was related to this online portal.

Despite providing detailed documentary evidence, her organization did not consider her side. While her harassment allegations remained uninvestigated, they issued her a show-cause notice and asked her to produce evidence through unethical means (backdoor). She responded again with documentary evidence, but they called her after a week and terminated her.

She was not even given a chance, and in the termination letter, they stated that her reply was unsatisfactory. Shouldn't the company seek further explanation or start with a warning letter? What steps can my friend take to seek justice?

Well, she should reach the labor office without any delay and explain her situation, registering a complaint with the labor officer in that area.

Dear Radhika,

Whatever happened is quite unfortunate. However, there are a few things that merit attention.

First and foremost, whatever has happened, it has happened with your friend, not with you. Therefore, you know the facts of the case from her, and you do not know the viewpoint of the other side.

Secondly, why should anyone bear harassment at the hands of a manager, and that too for two and a half years? The fact that this happens in an MNC is further astonishing.

Thirdly, your friend had complained to HR about this harassment, but what happened further? Did HR just sit on her complaint? Why did your friend not take the complaint to its logical conclusion?

Fourthly, your post has a few incoherent points as well. Take, for example, "One of her DR's bought a product through an online portal using her name as a ref error." Is this work-related activity? If yes, then why was it discovered after a couple of months and not immediately? If your friend took action against her DR (let me believe the abbreviation stands for Direct Report, though you could have mentioned what DR means), then was she empowered to take action? Did she obtain concurrence from her manager for this action, especially from a manager who had been hostile for 2.5 long years?

Fifthly, what is the meaning of "She explained through detailed documentary evidence, but her org did not listen to any of it. While her harassment remained uninvestigated, they gave her a show-cause notice and asked her to produce evidence unethically (backdoor)." What is there to produce evidence unethically or through the back door?

As the previous poster Couvery has recommended approaching the labor lawyer, I also suggest the same. This is because the termination of your friend is on a show-cause notice and not after conducting a domestic inquiry. But then, does your friend have some finger in the pie as well? Nobody would know this unless we know the viewpoint of your friend's manager.

Lastly, there is a mismatch in the heading of the post and the main body. This harassment could be interpreted as general harassment and not gender-specific.

Ok...

Dinesh V Divekar

Dear Sir,

I have the details day by day and have shared the same. In response to your query as to why she pursued this for two and a half years, she attempted to address the issue with her manager, his manager, HR, and other sources. She resides in a nuclear family, and this job was crucial to supporting her financial responsibilities. Additionally, she faced challenges such as the loss of her mother, medical issues stemming from the harassment, and health problems with her child, which led to the prolonged situation. This incident occurred in an MNC, particularly one that adheres to HR guidelines for various companies. Specific details are withheld for confidentiality purposes.

HR has two active complaints, with one complaint being closed due to lack of substantiation. Her manager holds a highly influential position within the organization.

Yes, it is a direct report situation. She followed the protocol in good faith. The incident was not work-related but rather occurred outside of work, specifically during a vacation. While it is valid to question why no action was taken for five months, this particular inquiry was not raised by the HR department at that company.

She was asked to provide evidence regarding her direct report from external sources outside of the office, without being provided a formal means of obtaining this information. Failure to comply would result in potential accusations of fraud or the filing of an FIR against the individual.

The internal investigation only addressed the allegations made by her manager and the direct report, neglecting the concerns raised by my friend.

The harassment she faced was gender-specific (details withheld for confidentiality) and included inappropriate comments, threats regarding career advancement, denial of leave requests, public and private outbursts, and other unprofessional behavior.

Thank you once again to everyone assisting me in seeking resolution.

Dear Radhika,

Please ask your friend to go to the local labour office and report the same. It may take some time, but if she is correct on her part, she will get justice.

Hi,

According to me, please file a case in the Labour Court. Upon reading your case, I was expecting the last paragraph, which was similar to one of my previous cases with a client who worked in a club.

If you require any further clarifications or additional information, please feel free to contact me.

J. Srinivas M.S.C., LLM
Advocate
#9676299867

Hello Seniors,

Even I have some problems. I am sharing my problem with all, please guide me. I am working in a private firm (pharma industry) and have been on medical leave since 5th October 2013. During my leave, my manager asked me to resign, stating that our company will not provide any more leave. Additionally, there is an incentive scheme for completing targets for the months of June and July 2013, but my manager is not considering my name for it. Please help me with what I can do in this situation.

Attribution: [URL] [i]<link outdated-removed></i> #ixzz2mlTs95wj