Facing Workplace Harassment: How Should I Handle False Accusations and Misconduct?

Seeking Advice on Workplace Harassment

I have been working as an Assistant Manager-HR in a company in Delhi. I hired a guy who was a reference from my previous company's HR. After hiring him, he started talking excessively to me, even after my attempts to ignore him, and he frequently interrupted my work. He would stare at me and make comments like "irritating mind," "frustrated mind," "chemical locha," etc. I initially ignored these comments, which was my mistake. Although I asked him repeatedly not to talk to me, he didn't listen. One day in the office, we had a fight, and he behaved rudely towards me, calling me names like "fool Ms. HR," "Shut up," and "apni shakal dekh k bat krna aap."

During a meeting with my senior, I shared the whole story, and he started spreading rumors that I had been pursuing him, calling him at night for movies or meetings in malls, which is entirely false. In reality, he would call me at night with stories about what others were saying about me. After hearing these accusations, I informed my senior that if no action is taken, I will not hesitate to involve the police, as I am completely innocent. The senior mentioned that an investigation has been initiated, and I will have to wait for 1-2 days.

I seek suggestions from your side on what steps I should take, as this situation is affecting my character, and I firmly believe I am not at fault even 1%.

Thanks & Regards,

Swati

Whatever has happened with you is unfortunate. It should not have happened. However, the comments given below are based on the assumption that what you have written is true at its face value, and there is no suppression of facts from your side.

Questions to Consider

Whom do you report to? Are you the only HR person in your department? In the initial days, you provided him with leeway, and now it has a burgeoning effect on you. If you had nipped his nasty behavior right at the beginning, the situation would not have escalated to this level. Anyway, this is hindsight.

Gathering Evidence

Do you have proof of his nasty behavior? Have you done any kind of audio or video recording when he was talking to you? Because in the inquiry, you will be asked to provide evidence to support what you say. Material evidence always corroborates one's argument.

Incident Witness

One incident happened in front of a senior where that employee called you names. Who is this senior? Will he become your witness in the inquiry? If this incident happened in front of the senior, then why did he not report the incident to the authorities?

Importance of Evidence

Lastly, you have written that you were not wrong even 1%. Well, to decide the rightness or wrongness of anything, one has to provide irrefutable evidence. Without evidence, no legal action can be taken.

Thanks,

Dinesh Divekar

Understanding Sexual Harassment and Your Rights

The Act identifies sexual harassment as a violation of a woman's fundamental rights to equality under Articles 14 and 15 of the Constitution of India, her right to life and dignity under Article 21, and her right to practice any profession or carry on any occupation, trade, or business, which includes the right to a safe environment free from sexual harassment.

I have reviewed your post. In your case, if your company has a sexual harassment committee, you can register your complaint in writing with them. This committee will inquire into your case, gather evidence and feedback, and then reach a conclusion.

If there is no such committee, you can submit your complaint in writing to the top management, such as the CEO, Director, or MD.

I hope this information assists you with your case.

Thanks & Regards,
Davinder Singh

I know it was my fault that I didn't report earlier, but I have witnesses. Kavita, a lady I used to work with in HR, and another senior who reported the incident to my senior after witnessing the misbehavior, can testify. Additionally, call records can help. One employee, in front of whom he used to interfere in my work, is also a witness. Apart from that, I don't have any proof or recordings, but I can obtain call records from the company. The police can verify his behavior from other employees as well. I have sent a verification email regarding his behavior in his previous company, but I don't have the proper email address. So, let's see what comes back. I don't have any proof except call records and employees' genuine feedback. He used to stare at me, which I know, but there are no cameras to prove it. I swear I am not wrong, and that is why I am frustrated. I will teach him a lesson. His intention was wrong, and when I didn't entertain him, he started putting false allegations on me. He claims that I used to call him and ask him for movies, which I will prove from call records that I didn't. I hope Kavita, in front of whom I used to have arguments, speaks the truth about him, which will help me a lot. He used to tell Kavita that I am egoistic, which can be proof. Also, I have chat records from a mutual person who told me he is saying such things about me.

I talked to my senior regarding this, and he told me that he is collecting proof, so I should wait for 1-2 days because, without proof, nothing is going to happen.

Please suggest how I could teach him a lesson!

I hope this helps. Let me know if you have any questions or need further assistance.

Swati,

Please arrange to collect the Call Records as you said. Also, keep in mind that he may directly or through someone else call you to convince you to refrain from the legal proceedings. Keep the call recording option on in your mobile. If it happens, it would be solid evidence for you.

Thanks & regards,
Debasish Bhattacharya

Dear Friend,

I think in that case, you should complain to your management with effective evidence. If they do not take any necessary action, then you should file a complaint at the police station against him. The constitution has many rules against sexual harassment to protect women.

I won't forgive him as he has made false allegations about my character, and he is not a good person. He used to say that I don't have manners when talking to girls. I have been very undisciplined since he came. I regret not complaining about him earlier, but I won't let him off easily now. I will show him how wrong he is, and from now on, he will not be able to spread false allegations about any girl ever again.

I have talked to customer care, and they have informed me about the procedure to obtain call records. He used to call my number, which has been disabled as it was my previous company's number, but I will get the call records from there. Rest assured, I am working on gathering evidence. I hope to get justice soon. I will also ask management tomorrow what steps they will take or if I should proceed.

Thank you.

It has been 5 days since my senior informed me that he is gathering proof or information against him, but no action has been taken since then. I doubt any action will be taken. Kindly suggest if I should move forward or consult my senior. I know they won't terminate him, but he deserves termination, nothing less. One girl has already complained about him to the management, but no action was taken; only a meeting was held, and that's it.

I am considering filing a complaint at the police station today without consulting my senior. Only the seating arrangements have been changed, nothing else, because it is a matter of my character, so I will not let this go. He should also know that spreading false allegations has consequences for the guilty, and he is wrong, not me. Otherwise, he will be encouraged to repeat his actions, and he will not learn a lesson.

Options for Addressing Workplace Harassment

You may not want to file a police complaint, as police authorities will ask for evidence and may interrogate you, which could complicate the situation.

Another option is to file a complaint with the labor office. Identify the labor office in your area and speak with the labor officer. They can assist you, as these complaints are taken seriously. When approaching the labor office, ensure you have proof of your employment, such as an identity card or appointment letter. Additionally, bring evidence of harassment incidents and any correspondence with senior authorities.

If the labor officer does not support you, you may file a complaint with the Office of the National Commission for Women (Rashtriya Mahila Aayog) in your district. They could send a letter to your company and, if necessary, send a representative to your office to discuss the issue with the relevant authorities. Depending on the severity of the offense, they might help you file a complaint with the labor department or even the police. Again, ensure you have proper material evidence with you.

Thanks,

Dinesh Divekar

You may immediately submit your written complaint to the Presiding Officer and/or any other Member of the ICC (Internal Complaints Committee) with a copy to your Employer/Head of Establishment/Institution where you are employed.

Understanding the Sexual Harassment Act

As per the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the Rules framed thereunder and gazetted on [date], any woman aggrieved by any act of sexual harassment can lodge her written complaint to the Employer and/or the ICC. Sexual harassment includes any unwelcome act or any humiliating treatment likely to affect the aggrieved woman physically and/or mentally.

Maintaining Confidentiality

You may go through the provisions of the said Act and the Rules, especially about maintaining secrecy/confidentiality of the complainant and the respondent, etc., and ask your superior and coworkers to render all reasonable assistance in the matter.

Kritarth Team Spl Educators are here to help.

Regards, Kritarth Team

http://www.kritarth.in

Hello Sir,

Greetings for the day!

It has been a week, and no action has been taken by my senior. However, the boy also does not talk to me, for which I am thankful. Somebody told me that I should not file a complaint now. Is that okay, or should I teach him a lesson? Due to Diwali, the matter has been slowed down. Would it be okay if I complain now, or would it be negative for me?

Dear Swati,

Please submit a complaint in 7 copies to the ICC with details of all the incidences and a list of witnesses. They will initiate the inquiry into the incidence and take appropriate steps to correct the conduct of the perpetrator.