Seeking Justice: Can I Take Legal Action Against My Ex-Employer for Harassment and Intimidation?

I was working with a big and renowned corporate house in Delhi. In the first month of joining the company, I faced bullying, hostility, humiliation, and comments on my personal life by my boss (president level), along with a threat to terminate me if I didn't resign immediately from the company. All this happened in the very first month while I was on probation. I went to HR for help and requested them to change my line manager. HR took the entire case to the grievance committee (all video recordings for my testament were done), which went on for a few months (approximately 4-5 months), and they extended my probation period (which was initially 3 months) by another 6 months due to not being able to assess my work.

During the pandemic, I received an email from the committee stating that a change of department should be given to me as changing my line manager was not possible. HR intentionally tried to place me in an administrative role (without any matching skill set) so that I would resign on my own. They mentioned that there were no matching jobs in the system due to COVID, and the business was slow. I consented to the new role considering the pandemic, while also requesting a department change once the business returned to normal. However, during the pandemic, HR called me to the office for a discussion about the new role and unlawfully confined me in a meeting room. They took away my phone and laptop, and threatened to terminate me if I didn't resign since it was the last day of my probation period. I was held like a hostage without permission to access the washroom or food. There were no other staff in the office except the HR team, who ganged up on me, intimidated me, and mentally tortured me to resign.

They also threatened to tarnish my reference check for future assignments. In exchange, they offered me a one-month extra salary as compensation and settled my F&F. This incident occurred over 2 months ago, and due to the way it was handled, I experienced shock and anxiety attacks, making it difficult for me to make any decisions earlier. I am still unemployed, and my situation is uncertain due to the pandemic. I seek advice from the experts here:

Legal Actions and Compensation

1. Can I press charges of mental harassment, torture, unlawful confinement, and intimidation against the HR team members who were present there?

2. Can I request compensation for the damage caused to my mental health due to mishandling and misbehavior?

Seeking Closure and Evidence

3. What is the best way to seek closure? Should I write to the board of directors or send a legal notice if a case is feasible?

4. Should I request the video recordings/documents from HR, which serve as actual evidence of the harassment case I filed against my line manager?

Any advice will be appreciated.

Thank you.

Revenge and Retaliation: A Futile Endeavor

Revenge, retaliation, etc., are purely negative thoughts. If you indulge in this, it will result in a waste of time, effort, and money. You can take legal action against anybody, send a lawyer's notice to anybody, but ultimately, what will you achieve?

Challenges of Legal Action Against a Company

If you take action against the HR team who belong to a reputable company, the company will pursue the matter. You are only an individual. How long can an individual fight against a company? The ultimate result may not be as favorable as you expect.

Moving Forward: Focus on the Present

Whatever happened has happened. There is no reversal of actions. So, live and think only about today.

Self-Reflection and Correction

Just sit alone and analyze event by event about the happenings, what went wrong, and make corrections.

Considering Future Employment

Since you have received your final dues, you can just ignore this. Try to get a new job. As you have only completed the probation period and do not expect anything favorable from them, you need not mention this employment on your CV. Instead, you can state that you remained at home due to the pandemic COVID-19 (which could be a blessing in disguise in your case).

Addressing Workplace Harassment and Bullying

First of all, I am really saddened to hear about the trauma and bullying you have experienced. This kind of conduct on the part of the company is highly condemnable and should be brought to the notice of the appropriate authority.

Steps to Take in Response to Harassment

1. If you are female and there were any sexually colored/biased remarks, actions, intimidation, or advances by your ex-boss during the entire episode, you can file a complaint under POSH before the district nodal officer under POSH (generally the District Collector).

2. Otherwise, you may prefer to file a police complaint under CPC for mental harassment and forceful confinement, among other things.

3. Practical advice would be to ensure you have your documents such as the relieving letter, experience letter, etc., in order and to focus on your career, leaving behind the bitter experience.

Regards,
Shailesh Parikh
[Phone Number Removed For Privacy-Reasons]
Vadodara

Thank you for the advice. I understand that you are suggesting not to dwell on the past. The trauma has badly affected me and shaken my confidence as well.

I have already received my relieving letter. Do you recommend taking a copy of the video recordings of the Grievance Committee from the HR department? Is there a potential risk of the evidence being misused by the company?

Thank you.

As suggested by members, go ahead and prepare for a better future. Do you think the organization will provide you with the recording that may be used against them?

First of all, what is your goal?

What will you get if you fight a legal battle with the organization? Will the result add any extra medal to your life of services? What will you earn if you direct your energy towards enhancing your skills and knowledge in other areas?

Regards, Sunil

It is better to go for counseling and get yourself treated for the trauma that you unfortunately had to undergo. Make a list of the things that you were made to endure at your ex-employer and the people involved in the whole fiasco. Maybe a day will come when you may be in a position to retaliate through social media or whatever means are available, but with some evidence to support you. If the entire management is involved, it only shows the type of work culture the company has in place. For now, try to compose yourself, take a break, and come back refreshed in the market.

Though it is easy to give lectures on forgetting and moving forward, there is not much you can do without hard evidence, and with our present system, it may not be easy to get a judgment in your favor, at least not easily. Seniors advise to forget not because you are a junior or inexperienced, but because most of them are learned and have witnessed instances where it may seem easy to file a case but never easy to go through the process, not to mention that you still need to earn a living through employment.

So, it's better to think about your future, take a break, consider counseling if possible, and start afresh.

Thanks and Regards