How Should I Handle HR Harassment and Salary Discrepancy Issues After Resignation?

Background and Issues with HR

I have worked in the finance department of a US healthcare company for 5 years. Due to some issues with HR, I have quit my job. HR has mentally harassed me because they want to take over the responsibilities of PF and ESI, which are typically part of HR, but in our company, they have been handled by the finance team. Due to this, they have started spreading false statements to employees to ruin my image in the office. I have already informed my seniors, and they told me they would take action, but they have only verbally warned HR. After the warning, HR started using abusive language in the cafeteria (indirectly) in front of other employees. I ignored it most of the time, but when I realized they wouldn't stop, I resigned.

False Rumors and Resignation

On my last working day, a consultant called me for some work and informed me that HR is spreading rumors that I am leaving my job due to an ex-HR executive, which is incorrect. I don't understand why, if I am already leaving due to her unprofessional behavior, she is ruining my image after I leave.

Social Media Post and Joblessness

After leaving my job, I was mentally disturbed and, without thinking, I posted on social media about how I trained an HR person who knew nothing about her work, and after learning everything, she started politics against me. Everyone in my office respects me for my good work. At the time of resignation, I informed my seniors that I had a new job because if I didn't, they wouldn't release me. HR has convinced my seniors that I am leaving due to the ex-HR executive.

Filing a Complaint and Salary Discrepancy

Now, I have been jobless for the last month and am mentally distressed because HR has harassed me for approximately a year. I want to file a complaint against HR in the labor court because their behavior led me to leave my job. Additionally, before joining, they offered me a different salary, and after joining, they changed my salary structure, resulting in a lower salary. I know this is partly my fault because I didn't compare my salary structure, but I noticed this last year and want the company to compensate me for the change.

I request your suggestions on what I should do in both cases. Thanks in advance for your valuable advice.

Dear Reeta,

The point-wise replies are as below:

a) If you have worked for five years in the company and HR joined after you, how can HR be responsible for the salary difference (committed against actual) is not understood.

b) If HR was interested in handling work related to PF/ESI and management was not enthusiastic about it, you could have told HR to submit an application asking to enlarge the scope of her work. Why did you not do that?

c) It appears that you left the job in a fit of frustration or annoyance. However, this cannot be seen as a professional approach. Tensions from juniors, seniors, or peers are common, but managing them is part of professionalism.

d) If rumors are being spread about the cause of your exit, just ignore them.

e) If HR was "torturing" you, why did you not file a complaint against her with top management? What efforts did you make to settle the issue in-house? You mentioned, "After giving a warning, they started using abusive language in the cafeteria (indirectly) in front of other employees. Most of the time I ignored it, but when I realized they would not stop, I resigned." If so many things happened, why did you stay silent? Why did you not approach this forum at that time?

f) Regarding approaching the labor court (or civil court), it may not be feasible without proper proof of harassment. What proof do you have?

g) You mentioned internal matters of the company on social media. What was the need to do so? Why could you not show restraint? Why air dirty laundry in public? What if the company files a complaint against you for maligning its image?

You could have approached this forum during the harassment. Why did you wait until after leaving the job? By the way, before leaving, have you submitted Form-1 to claim gratuity?

Anyway, at this stage, I recommend closing this chapter and moving on. Start looking for a new job vigorously.

Thanks,
Dinesh Divekar

Thank you, Divakar Sir, for your suggestion. I know I have made some mistakes that should not have been done. However, it's human nature that when people are unable to think properly, they make mistakes.

Responses to Suggested Points

A) At the time of my joining, there was a different HR team. I know this is not logical, but our salary structure is a bit complicated because they show the Fixed Cost to Company (FCTC) to employees. Many employees, especially those who have been working for more than 10 years, have doubts about the salary structure. They often complain that we are paying them after deducting various amounts. We have tried to convince senior management to change the salary structure, but they have denied it. In that case, maybe they are doing it purposely. Due to differences in the basic salary, all my payouts related to the basic have been impacted. That's why I want to claim that amount. If it's possible, then I will go ahead; otherwise, there is no problem.

B) Our owners live in the USA and visit India 2 or 3 times a year for 15 to 20 days. HR did not inform them that they wanted to take over charge; they planned it internally. I was not aware of it, and I had sent an email to the owner about the handover. After that, my Reporting Officer (RO for both HR and Finance) was angry that I had sent the email to the owners without consulting him. Finally, I handed over all responsibilities because I already had too much work. The most important point is that HR filed a complaint against our RO (Common RO) to the owner, alleging that he had created misunderstandings between HR and Finance, which led to our RO resigning.

C) I know I left the job due to frustration, but I tried to resolve it, which did not happen. A year ago, both members of my team left their jobs, and I was handling the team individually. The same situation was in the HR team, where after the HR manager left, only one person was handling the team. The company did not appoint anyone due to cost-cutting. The company also started changing vendors for competitive pricing. After changing vendors, we found mistakes in every invoice, and when we questioned it, the HR team started arguing. I informed the owner about it, and they also noticed the same issues but couldn't address them directly because the HR individual blamed every mistake on the new HR executive. Sometimes we had to stop payments, but due to the HR mistakes, we couldn't hold payments for long. In short, this is a corruption case, and due to my findings, they are facing problems, which is why they are causing issues.

D) I agree.

E) I have sent many emails to my owner, and they told me they are working on it, so I should ignore it. However, how many times can I ignore it? The last time they called and said, "Wherever we go, dogs bark at us... One day, they will run us over with a car." I also informed my owner about it, but after discussing it with HR and others, they denied using those words. I previously tried to file a complaint following the company's internal policy, but I thought that if I filed a complaint against HR, it would affect their reputation in front of other employees, which is why I ignored it.

F) I still have no evidence, but I have written emails to my owners, so they have records.

G) I know I have made mistakes, but I have not written anything about the company because I have no issue with the company. I have received my gratuity with my Full and Final settlement. I also want to close this chapter, but I have faced many problems, and they are tarnishing my image, which is why I want to file a complaint so that they do not do the same to others.

"I also want to close this chapter, but I have faced so many problems that are ruining my image. That's why I want to file a complaint so that they will not do the same with other people.

Stop worrying about other people being targeted. Every individual handles issues differently. By filing a legal complaint/case, you are going to lose mental peace by reliving bad experiences, spending your savings and time on lawyers/courts, etc. Move on with your career and analyze your own mistakes in the whole case. Self-introspection with a genuine intent to change/improve will do wonders.

These challenges happen in life, and a positive approach will make you more confident and capable. Rest assured, a suitable job will come your way. In private enterprise jobs, it is always important to have a suitable nest egg of savings that will tide you over periods of no job or other crises. Focus on getting a new job. Invest your present time in skill enhancement by joining suitable courses (instead of spending the same amount on lawyer fees).

Posting anything on social media about employment issues has to be avoided. This is the first lesson for all employees. Please take the advice in a positive spirit and move on. The future is waiting, and the past is a closed chapter. The advice of the learned poster Shri Dinesh is correct. I hope you take this advice in the right spirit."

Dear Ms. Reeta, it is better to ignore things once you have resigned. Take it as "you have closed the chapters" and forget the past; focus on the future. If it is difficult to forget because I am unable to understand the agony you are facing, it is suggested to send a legal notice through an advocate to the concerned HR person to stop spreading rumors and for their past behaviors with proof. It will give you mental solace only, and you are not going to get any material benefit out of this. All the best for future endeavors.

Dear Madam, one can only sympathize with you. Possibly, some wrong has been done, and it is very natural for you to feel deeply hurt to the extent that it is driving you to teach a lesson to the HR person who has inflicted injury to your ego.

Think of the end result

If you move forward on the contemplated legal battle in the absence of clinching evidence, just some email correspondence will be of little help in proving behavioral aberrations. I honestly believe that you do not have very strong evidence against the HR person to move legally against. However, now that you have resigned, you can send a well-drafted and legally tenable letter to the powers that be, giving the entire sequence and perspective which led you to resign and appeal to them to take corrective actions in the larger interest of the company's reputation.

I share the same view as some senior colleagues that you should concentrate more on getting a job than going after a futile legal battle.

Regards,
Vinayak Nagarkar
HR Consultant

Legal Action Against Employer: Key Considerations

I feel sorry for the plight you have undergone in your career. You want to take legal action against your employer, but on what grounds? You have not mentioned your designation, salary, etc. Section 2(s) of the ID Act very clearly mentions the definition of workmen. The terms of appointment are also very important. Under the contract of appointment, the management might have paid you the emoluments. Before signing the offer letter, you could have clarified any doubts about the clauses. Did you approach your superiors politely regarding your grievances? Do you have documents or correspondence as proof of your case?

Legal Options and Considerations

You can approach the civil court under Section 14 of the Special Relief Act. However, it will take time and be expensive. Once a future employer knows about your attitude towards employers, they may not hire you. They will seek background information from your past employers.

Focus on Future Opportunities

As my friends suggested, forget the past and focus on your future. Be positive in your approach and prove your worth to your employers. No employer would like to lose a hardworking, dedicated, devoted, and competent employee. They hire such employees not only for their growth but also for the growth of the employee and to maintain good employee-employer relations.

This advice is based on my 44 years of experience.

Thank you,
G.K. Manjunath
Special Officer (HR)