Navigating Sexual Harassment Allegations and Documentation Issues in the Workplace

Hi,

I am a 29-year-old married woman. I was working in an off-role position in an MNC until my manager asked me to quit for totally non-professional reasons. The reason given by my manager was that he likes me, and this is creating issues in his personal life, so I should quit. Initially, he gave me 2-3 months' time, but then he started teasing me, making comments like how much I must be crying these days. When I could not take it anymore, I quit the job and filed a mental harassment case. Fortunately, I have evidence of what he said to me, which I have submitted to the MNC HR team.

The MNC has been really supportive, conducting an investigation against the manager. However, my payroll company's behavior is very rude. They are unwilling to provide me with a relieving letter and are treating me as if I have done something wrong.

Now, wherever I go for an interview, they ask me for a relieving letter from my previous employer. As a result, I am unable to secure a new job even after clearing interviews. These have been really hard days in my life.

I just need a way to obtain my relieving letter.

Thanks

Dear Ms. Arora,

What are the findings of the investigation report? This report will help you obtain a relieving letter. In my opinion, it must be in your favor. You should discuss the findings of the investigation report with the senior management of the MNC and apply pressure on that manager. It is through these pressure tactics that you may secure the relieving letter.

Regards,
Manish Bali

Hello, please let us know in which city you are working. If you are working in Bangalore, please reach us at the below number. We do assist you in this matter.

Govind Sagar AV MSW, LL.B Labour Law Consultant PH-9036368502

Dear Ms. Arora,

Considering your circumstance, there are a few questions as follows:

Why did you quit your job? Hence, your HR Team has the support on your case. There is no concern for the support of HR. Thus, you have all the supporting documents for this sexual harassment in the working environment, and indeed, this is the full context of sexual harassment and abuse of authority in the working environment.

After the analysis/findings of your HR team, what was the result? Did you consult this issue with your staff association? What's the HR policy of your company concerning this situation?

Is there a similar incident with anyone else in your department under the same manager's supervision and line of authority?

Please collect all your documents in an email. This might be supportive for you in the future.

However, I strongly recommend you to communicate properly with your senior management in this case, involve HR in the loop, and try to resolve everything peacefully.

Hello P76arora,

Nejati80 raised very valid points. Please clarify them to enable the members to give more actionable suggestions.

Further, please elaborate on these aspects too.

How big is your Payroll Company? Where do your Payroll Company's MD & HR sit— in the same premises as your manager and you, or in another city?

Have you reported to the MNC HR that you have been asked to resign by this manager and also that you didn't get your relieving documents? If yes, what was their response, and if no, why?

Does your husband know about the factual situation? This could be important in the long run.

Vis-à-vis your line "that he likes me and this is creating issues in his personal life and so I should quit," if he can't control himself, I think it's his problem, not yours. It's he who should be resigning.

Coming to how to handle the interviews in the worst-case scenario [that you can't or won't get your documents]... a few points:

1. Were your salaries paid through cheques/bank transfers? In either case, you would have bank statements to back your employment status here. Many companies now accept these documents in lieu of formal relieving documents.

2. Have you taken any testimonial/referral letters from the MNC reporting managers? You can use them to buttress your professional standing. If you haven't taken any, I suggest pushing for them—they will be useful not just now but even later in your career.

3. Speak to the MNC's HR and your reporting person there to pressure your manager to give you the documents. Also, suggest putting it across 'VERY SUBTLY' that you are being advised to go to the media, and if need be, to the police. Quite often, the very possibility of such drastic action solves such issues. The MNC HR is sure to pass this info to your company's heads. I think the MNC HR would also be eager to close this ASAP—once things reach the media, even the MNC wouldn't be out of the media glare.

You mentioned that 'evidence of what he said to me which I have submitted to the MNC HR team'. Did you give the evidence to your company too?

Please give more clarity and details for better actionable suggestions.

Regards,
TS

My payroll company is very small (50-200 employees). There is no information about company owners, directors, etc., at least on the internet. The company is Delhi-based. I went to the company address once to collect an offer letter, and there was no one except one person who handed me the offer letter.

I have told everything to MNC and submitted evidence, and they are still conducting an investigation for the case. They have been very supportive. I have heard that many payroll company female employees have suffered the same by this person, and it is coming out during MNC investigation, so I hope he will be punished.

Earlier, my payroll company asked me to get an email from MNC HR for relieving, which they provided. Then the payroll company asked to submit evidence against the manager, which I did not do, and now they are asking me to submit in writing that no action should be taken against the payroll company by MNC.

During my employment, I heard rumors that the Payroll Company was registered under the manager's wife's name, against whom I lodged a complaint. Although there is nothing to support it, the attitude of the Payroll company HR suggests the same. They treat me like, "How dare you file a case against the manager." This is also the reason I quit my job and have not provided them evidence.

Seeing this, I have realized I will not get my relieving letter. I do have bank statements to support my salary, but I am not sure if some other company would understand if I tell them the exact reason why I left.

All things kept aside, this incident has really put me in a bad mental situation, and now, sometimes I wonder if I should have just left without complaining. I don't think going to the media is an option as that would affect my married life. Although my husband has been really supportive, and I have been able to come this far by his support.

I just hope to get out of all this and start my career again.

Hello P76arora,

I guess your best bet would be the pressure by the MNC on your HR to give you the Docs... but how far can/would they go to support you will be the question. But since the Payroll Company size is small, it should be possible.

Try to find out how much time it would still take for the MNC investigation to be completed.

When I mentioned "suggest put it across 'VERY SUBTLY' that you are being advised to go to the media & if need be to the Police", I DIDN'T mean that you should actually go & do it.

The motive is to put the fear [and the consequent repercussions] of such a step, rather than actually doing it... hope you get the difference. And I mentioned to project that it's a suggestion/advice that CAME to you... NOT your idea.

I fully realize the situations that CAN crop up IF you actually go to the media... what you mentioned about your married life being JUST ONE of them. There are others too... and it's surely not possible for middle-class people like us to handle them.

And, unfortunately, guys like your manager quite possibly know this limitation of women & take advantage.

I think I would tend to agree with you in not giving the evidence to your payroll Company... chances of misuse for a cover-up are high.

With regard to your line "they are asking me to submit in writing that no action should be taken against payroll company by MNC" -- Your stand will simply have to be the fact--that there's no way you have any control over the investigation or the results or the resultant actions. It's between them & the MNC.

Regarding your line "not sure if some other company would understand if I tell them the exact reason why I left" -- it would be tough unless you are ready to show the Complaint you filed with the MNC. However, I think you would need to be tactful when you answer about the reason--not being too blunt but yet giving the background.

This is where the MNC References & Testimonials I suggested will be needed/useful.

With regard to your line "now sometimes I wonder I should have just left without complaining" -- frankly, looking back, probably yes. But that's behind you now.

All I can say is that you MAYBE didn't weigh ALL the possible scenarios when you complained... however, it happens, especially in situations like yours. One gets carried away before reasoning is allowed to come into effect.

All the Best.

Regards,

TS