Pregnant and Facing Unfair Performance Review: What Legal Steps Can I Take?

I have been working with an IT company (500+ employee strength) in Pune. I have always been a good performer, and I have received many performance-based awards. I am currently 10 weeks pregnant. Suddenly today, I received an email from HR mentioning that my performance is not good and will be monitored for 30 days. In similar cases, previous employees have been asked to resign after the 30-day monitoring period. I am sure the HR and management are doing this just to get rid of me so they won't have to pay the maternity benefits. Can someone suggest the legal steps that may work in my favor in case they decide to terminate my employment?

What has happened to you is unfortunate. These are the times when you are supposed to be tension-free. On the contrary, new developments have increased your worry. Anyway, we need a little more information so that we do not give any kind of wrong advice. Please confirm the following:

a) When did you join the current company? How many years have passed? What is your designation? How many people report to you?

b) Is there any change in the type of work that you do? If yes, when did this change take place?

c) Is there a change in your manager? How are your relations with him/her?

d) Nowadays, IT companies are laying off manpower because of automation, robotics, and so on. Has something similar happened in your field? Is the technology that you are working on getting outdated?

e) In the email that you have received, is there any information about underperformance? By what percentage have you underperformed?

f) HR mentioned that you will be kept under watch for the next 30 days. What if your performance does not improve in this period? Have they specified anything?

g) Have you officially informed HR about your pregnancy? If yes, then how did you inform them?

h) What are the terms of your appointment? How many days of notice period are mentioned in the appointment letter?

Please provide replies to the above questions. We would not like to give solutions unless the complete facts of the case are understood.

Thanks,

Dinesh Divekar

Thank you for your quick reply. Please find the answers to your questions below:

Joining Details

- I joined 17 months ago. Currently, no one reports to me as I am the sole person working in my domain. I hold a leadership role.

Work Type Changes

- I have been performing the same type of work since I started.

Manager Relations

- There has been no change in my manager. Our relations are good, but I do not entirely trust them to be on my side and support me against HR and management.

Industry Changes

- No, there have been no such changes.

Performance Concerns

- There was no specific information about under-performance. It was just mentioned that my performance is not as expected.

Monitoring and Consequences

- They have not specified any consequences. Based on past experiences in the company, I suspect termination may be a possibility due to their sudden change in behavior.

Pregnancy Notification

- I informed them orally.

Appointment Terms

- The notice period mentioned in the appointment letter is 30 days.

Please let me know if you need any further details.

As your HR department has not communicated anything to you about underperformance, I recommend writing an email to them and asking for clarification on the parameters under which your performance was deemed below par. Include your past achievements in this email. Additionally, mention that your manager has never provided any feedback regarding your underperformance. Therefore, inquire about the source of their information.

Based on the responses to your post, it seems that the email from HR could potentially be a tactic to dismiss you. However, it is premature to draw a final conclusion.

A positive aspect of your situation is that nobody reports to you. You will be considered a "workman" under the provisions of the Industrial Disputes Act, 1947. If necessary, you can approach the Labor Officer in your area to address the issue of harassment. However, wait until you receive a response to your email. In the meantime, familiarize yourself with the location of the Labor Office where your company is situated, understand their procedures for handling labor cases, visiting hours, and the process for lodging complaints. When the need arises to submit an application, you may need to draft it in English but also be prepared to communicate in Marathi. If you are not familiar with the language, consider bringing someone who is fluent in Maharashtra's official language.

Regarding the 30-day period, it should be viewed as a monitoring phase. However, should it be seen as a countdown? Consider the culture of your company. How are employees typically terminated? Is there a notice period in addition to the monitoring period, or are they combined?

In the interim, begin documenting all communication with the HR department. Maintaining hard copies of records is essential.

I would like to emphasize the importance of staying calm and stress-free during your pregnancy. The healthy development of your fetus is crucial, and you are ultimately responsible for it.

For HR Professionals: Sending official communication to an employee regarding underperformance without specifying the parameters or providing evidence is unprofessional. In the IT sector, which is known for looking down on other industries, such practices reflect poorly. Lower-level employees typically do not send such emails, and if they do, it is usually with the approval of higher HR officials, which is equally unprofessional and unacceptable.

Thank you,

Dinesh Divekar

Steps to Address Performance Concerns

This is in addition to my second reply. In my second post, I mentioned that you may seek clarification on your underperformance. However, beyond clarification, you may mention your latest Performance Appraisal (PA). Who conducted the PA, when it was conducted, and what was your score (provided it has been officially communicated to you)? If you have concrete evidence of "Very Good" performance, you may seek the withdrawal of this letter.

Before sending the clarification letter, talk to your Manager. Find out his views on the letter from HR. Determine whether he takes a position on behalf of the employer, on your behalf, or if he is undecided.

If you do not receive any reply to your letter or if the reply is evasive, ask for an appointment with the Head of HR. Carry a smartphone with you and discreetly record the audio. In fact, you may record all discussions, whether they happen with your Manager, anyone from HR, or the Head of HR.

Notifying Employer of Pregnancy

Through a separate letter, give notice of your pregnancy to your employer. Attach a medical certificate from the gynecologist to this letter. Inform them of the estimated date of delivery as provided by the gynecologist.

Thanks,

Dinesh Divekar