Facing Forced Resignation and Harassment: How Can I Seek Justice and Fair Compensation?

My Experience at the Resort

I worked in a resort from 01/11/2015 to 17/09/2020. Two months ago, the HR staff told me to resign. I appealed to the HR Manager, who threatened that I would suffer if I did not resign. He then instructed me to go on a deputation when my town was declared a containment zone. There was no transportation available. Again, they informed me to go on a deputation. I requested them to provide this instruction in writing. They did provide it in writing, but there was no end date mentioned for the deputation service, only the reporting date of 07/09/2020.

Challenges at the Deputed Place

Upon reaching the deputed place, the superiors started to harass me from the very next day. They asked me to work without providing the necessary tools and staff. Different leaders from the same department overloaded me with work that they themselves couldn't handle. I wrote an email to the HR, Resort Manager, and others, informing them about the dire conditions at the place before I could start working. However, they reacted very harshly to this email. In a subsequent email, I informed the corporate HR about the physical, mental, and emotional torture inflicted by the superiors. I also took photos of the area and some documents that showed the lack of cleanliness and maintenance records in the past few months.

Forced Resignation

I sought help from a union secretary there. He brought along a political leader who warned me that the union staff, whose jobs were at risk, would attack me that night. Surrounded by union staff, HR staff, and department managers, I was compelled and forcefully made to write a resignation letter on paper and via email. A leader even took my phone, modified the resignation letter, and sent it to corporate officials. The union leaders and other company union staff themselves dropped me near my home late at night.

Seeking Justice

I informed the corporate officials of the company in writing that I was in a life-threatening situation and that fear for my safety forced me to write the resignation, with some portions even written by the HR staff. However, there has been no response from any leaders.

Now, they are preventing me from working in the hospitality sector. They are demanding nearly fifty thousand from me, including gratuity, leaves, and one month's salary. I am seeking fair compensation for the abrupt termination of my service. Currently, I am without a job, a home, and hope.

Can anyone help me?

Pre-planned Termination of Employee with Help of Outsiders?

I have a few questions for you, and your answers can help the community understand your query and situation with more clarity before replying to you.

1) Do you have any animosity with someone in the workplace you've worked with?

2) Why do you think it was a pre-planned termination, and on what grounds are you saying this?

3) You have not shared the reason for being asked to resign from your employer; what was that?

4) Are you the only employee who was asked to resign and later mistreated by them, as you described in your query?

Based on the information you have shared here, it demands immediate action and filing a complaint with the local police station if you have gone through such a situation and know that it has now become life-threatening for you.

Therefore, you should not only seek suggestions to get your compensation/dues. It appears to me that this is not merely a conflict between an employee and an employer, or related to termination only. You must involve the police without wasting time, Mr. Benjamin.

It is very difficult to believe that this is happening in Kerala. The union is conniving with management to ease out a long-serving employee, deny all due benefits, and threaten physical violence. Since you have immediately retracted the resignation and mentioned the use of force, such a resignation is not legal and proper; it cannot be acted upon.

You can file a complaint with the Labour Inspector and raise a dispute about the illegal termination of service. You may file a police complaint stating apprehension about violence and naming the suspects. The copy may be marked to the District Administration (Collector & SP) as well as local media.

Answers

1. Only my department HOD and HR Manager are long-time friends who have worked together in different places. My HOD informed me that the whole department is considered under-performers, so all of us will be terminated, including him. He advised me to be prepared for the situation as he himself can work for another month. Two days later, the HR staff asked me to resign due to under-performance. I responded, "I can't resign, you must terminate me." Then, they instructed me to go on deputation to Kollam, and the HR Manager refused to provide any advance notice regarding the duration of the deputation, stating that it would only be decided upon reaching the location. I immediately called my SO and wrote an email to the Resort Manager, informing him that my father is paralyzed and my wife is an epilepsy patient. Despite my situation, they insisted that I go on deputation to Munnar in writing, warning me of strict consequences if I refused.

2. They mentioned the under-performance over the phone but did not provide any written documentation. Additionally, some staff from Tamil Nadu who are on fixed-term contracts in my department have been terminated, including one staff member in their 3rd year, another in their 1st year, and some who completed 1 year.

3. Three days ago, the HR Manager called me to collect the full and final settlement. The document included conditions stating that I must resign myself, refrain from taking legal action or approaching public forums against the company, and waive any remaining claims. The section that required my signature stated, "Agreed and Accepted unconditionally," followed by my printed name. The HR Manager, who is also a criminal lawyer, did not provide me with a copy, so I requested one to seek expert advice. I did not sign the document without having a copy. Later that day, he informed me about a simplified version of the document, which I uploaded.

I am currently living in a rented room, financially drained, with nowhere to go. I am hesitant to oppose the Union, as they have a strong presence in various areas. I am grateful for the support of my family members and thank God for their protection when they are nearby. I am unsure about the next steps to take and seek guidance on whom to approach for assistance.

Regards