Facing Forced Resignation Without Due Process: What Are My Rights and Options?

Hi All, I need guidance. I was first accused of false sexual harassment claims, without any proper procedure. It was based solely on verbal statements and meetings, without any formal documentation. No written details were provided regarding the harassment case, and no final report from the internal committee has been submitted. During this time, my senior position was already replaced by another colleague, and an email was sent to all employees without any notification to me. Now, I am being asked to resign verbally. Do I have any rights as an employee who has worked successfully for more than 24 months? Would I get justice if I move to the labor court? If I resign, would I have any future recourse to fight back for humiliation and gross violations of procedures in the labor court? Things are moving very fast, and there is high pressure being put on me.

Dear Kamat, You have provided information about the incidents happening in the last couple of weeks or days but have still left out important details. Which city do you belong to? What is your designation? Have you officially raised your grievance? If yes, then how did you do that?

In the meantime, you should approach the labor officer of your area and explain your problem. You need to provide evidence that you are an employee of your company. Let's see if he is in a position to help you out.

Please wait for opinions from other senior members.

Thanks,

Dinesh Divekar

Hi Kamat,

I agree with Dinesh's comments and would also like to advise you to keep any proofs of the incident which indicate the wrongful treatment by your organization in the sexual harassment case and the following incidents.

Thanks,
Scheeba

Do Not Resign Under Pressure
If you are being forced to resign under threat, give details of the pressurizing situation in the letter of forced resignation. State that it is under protest. Immediately after the forced resignation, send a detailed letter explaining how and who has forced you to resign. State that you have been extorted to sign the forced resignation on [date] at [place], and that you will pursue criminal prosecutions of extortion against the concerned officials. Mention that the resignation letter may be treated as null and void.

Legal Remedies
Remedies for setting aside a forced resignation lie before the labor court under the ID Act if you are covered under the definition of a workman. If you are not a workman, then file a civil suit for a declaration that the forced resignation is illegal and claim damages for three years' worth of wages. If you resort to authorities under the Karnataka Shops and Establishment Act, they may not have jurisdiction to decide whether it was a forced resignation or not. Even if the employer terminates you illegally, under the Act, you may receive compensation only up to six months' wages if the employer does not want to reinstate you.

Evidently, without a proper inquiry in a sexual harassment case, you cannot be terminated.

Thanks,

Sushil

Dear All, I am based in Karnataka and employed by a large software company. I have written an email to the SH committee stating that no proper procedures have been followed, even without any reports. The response from an SH member does confirm this to some extent. The reason given is that senior management wants me to leave. I do not have the stamina to survive without a salary. If I resign, I will receive notice pay, etc. Otherwise, the duration and waiting involved in a legal case might break me down, as I foresee. I am already humiliated in front of my colleagues as my replacement has taken over, and I am not allowed in the office. Is it right to take notice pay, resign, and receive my money, then put in a forced resignation notice under pressure?

Thanks.

Handling Harassment Complaints: Protecting Your Career

Once indicted or forced to resign based on harassment complaints, you will be on the back foot in future jobs. The harassment complaint is like an Achilles' heel and can be a weakness in your career. Do not resign. Fight it out legally and calmly, and try to get a clean chit.

Sometimes a harassment complaint is used as a weapon, and by virtue of the nature of the allegation, the complainant is put on the back foot. No one wants a fight, but if a fight is pushed onto you, you need to take it boldly and with proper legal advice.

Understanding Legal Procedures

Read the laws on the subject and educate yourself on how the internal complaint committee is supposed to work. Once you are aware, you can take it up with the appropriate authorities. Like false dowry cases, there have been false harassment cases.

Wish you all the best and hope you can get a clean chit.