How Do I Handle My Former Employer's Harassment and False Accusations After Resigning?

Hi, I worked for one company for 10 months. Due to workplace harassment, I sent an email to my management and even spoke to the GM and was relieved. I was unable to serve the notice period because of harassment by staff. Because of my work and education, they really need me to continue in their company. However, due to my career prospects and the harassment at the workplace, I had to leave the company. It's been a month, and they have tried to retain me in the company, but I did not accept the offer to rejoin.

I have moved to Bangalore, and now they have started sending staff to my home to inquire and are asking my family members to call them. I spoke to the employer and clearly stated that I am not willing to continue. To my shock, they are now telling me that I had asked one of their customers to go to court if they do not receive a refund for services, which I have never said. They are spreading rumors and harassing me a lot. This situation is affecting my ability to concentrate on my work. I informed my previous employer that if they have any proof of what I supposedly said to the customer, they should proceed legally.

I am certain that they are lying and trying to intimidate me because I have not rejoined their company. I am still worried about the possibility of them fabricating false evidence to cause trouble for me. I kindly request your advice based on your experience.

Regards,

Handling Accusations from an Ex-Employer

If you have boldly told your ex-employer that you have not done anything wrong, they can sue you for the wrongdoing. So, why are you scared? In fact, you could have clarified your stand, but challenging your ex-employer to go to court was not required. You could have avoided that.

If you have moved from the city where you worked and are now working in another city, then tell your family members not to disclose your workplace address or new home address. Secondly, stay off social media platforms like LinkedIn and Facebook. Do not disclose your whereabouts. You may even consider deactivating your profile on job portals like Naukri.

Thanks,
Dinesh Divekar

Understanding the Situation

My understanding of the situation is as follows:

You have resigned from the company due to workplace harassment but haven't served the notice period. The company has been sending people to meet your family members and asking them to call. After your confirmation to your ex-employer, they have accused you of telling one of their customers to approach the court for a service refund.

Legally, your ex-employer cannot do much except claim damages for not serving the notice period with them. If you have email or written correspondence reporting workplace harassment to your ex-employer while you were in service, it would be helpful. Companies are supposed to share their findings and conclusions on the inquiry conducted when harassment is reported. If this hasn't been done, it indicates they disregarded your complaint, leading to your resignation without serving the notice period.

Regarding the company approaching your family, this becomes a civil issue as your family members are not employees of your ex-employer. Your family members can address this by filing a complaint at the local police station.

Accusations and Legal Considerations

The accusation made by your ex-employer occurred after your resignation. If they choose to allege that you misled a customer to tarnish their image instead of focusing on the notice period, it appears to be a case of retaliation. This should be relatively easy to prove in court. It's advisable to move forward and await any evidence they may present. You may want to consider engaging a lawyer at that point.

Understanding Employee Rights and Resignation

Paid employment is neither slavery nor bonded labor. If the work culture or environment is not suitable according to an employee's personal preferences, they always have the liberty to submit their resignation. The employer has no authority to coerce or influence them to reverse their decision. However, in such a situation, the employee should ensure compliance with the unilateral termination clause of their employment contract.

The post concludes with the employee's inability to fulfill the notice period, in addition to their resignation via email and conversation with the General Manager. It does not mention efforts to buy out or seek a waiver of the notice period, nor the acceptance or rejection of the resignation, or formal relief by the employer. Therefore, the plausible inference is that they departed from the organization immediately after resigning via email, without waiting for management's response, leading to a case of job abandonment.

Addressing Workplace Issues and Seeking Resolution

People often exploit their adversary's weaknesses in various ways rather than confronting their strengths. If the aforementioned assumption is factually accurate, the writer may wish to consider meeting with the Chief Executive Officer of the previous organization, explaining the reasons for their abrupt departure convincingly, and securing formal relieving orders, even if it involves paying the notice salary.

Hi,

As per Mr. Umakanthan, the statement is correct. Please go ahead. Try to obtain the relieving order. If you are unable to obtain it from your previous employer and face the same issue, it would be advisable to file a complaint with the respective ACL/JCL officers to find amicable solutions.

Regards,
P. Senthil