How Should I Handle Unprofessional Behavior from a Senior Sales Manager?

Dear Seniors, I am an HR professional facing a common issue in dealing with other employees. There is a sales manager, who holds a senior position and is considered the most powerful individual, with the company having 70% of his clients. However, he has started to pursue me unethically by calling and messaging me at odd times and behaving unprofessionally, often talking nonsense. Despite my multiple warnings for him to stop this behavior, there has been no improvement. I am concerned that management may not listen to my complaints as he is seen as more important to them.

Please advise on whether I should escalate this matter to management or consider resigning quietly.

Thank you.

Dear Archi,

This is a typical scenario in Indian companies where one person or even a department calls the shots, and others are expected to be subjugated by them. If he has mustered the courage to call you at odd hours, it shows his audacity. The reason for his audaciousness originates from his view that, more than me, the management is dependent on him. Therefore, he can have his way.

Anyway, continue to warn him. However, while doing so, start generating evidence of your communication with him. Begin recording the telephone calls. Never disclose to him that you have started generating evidence of his misdemeanors.

If things come to such a pass where you are no longer in a position to bear with him, then approach the management. Let's see what happens.

In the meanwhile, start finding out his weaknesses. Can these weaknesses be exposed to the management, albeit surreptitiously?

If nothing works, start searching for another job. Finally, achieving our career goal is important to us, and our objective is not reforming one's behavior.

Thanks,

Dinesh Divekar

Addressing Unprofessional Behavior from a Sales Manager

If the sales manager is stuck in his own ego trip and assumed power (as per what you say), start by recording his voice, noting the timings of his visits, and what he says. If there are witnesses, note their names. Keep his WhatsApp number blocked when you leave the office so that he cannot message you. At any rate, fully document his actions—date, time, actions, and place (office, canteen, corridors, etc.). Discreetly sound out your coworkers to find out whether he is treating only you in this manner or others as well, and also investigate his earlier history if possible.

Once your groundwork is complete and he is not ready to understand that his behavior is unacceptable and unwanted, then put it in writing to higher management. Meanwhile, look around for another job on the side so you can step out of this company and hopefully into another company. Don't be scared, and be firm.

Yes, sir, I can understand your situation.

Reasons for Unprofessional Behavior

Usually, it happens for two reasons:

1. Generally, newly joined employees, in their way of approach, apply a strategy or formula of obeying any orders given by anyone, including an attender or office boy. This phenomenon lasts for 2 to 3 months. Then the newly joined employee thinks that he has understood everyone and can stand on his own. He will give and implement his own style. During this budding time, some senior staff may interpret it as leniency and behave as mentioned in your case. The only thing you should do is show your own style of approach in settling every issue. It will easily resolve with word-of-mouth publicity, and the individual will stop his embarrassing way of calling you.

Personality Issue

2. Suppose you have a small personality, whether young or old, innocent or ignorant in appeal, always depending so much on others, which gives leniency to others. If you stop asking everyone everything and stay cool and calm, it will bring tension to the minds of ragging-natured seniors. Within a few months, everything will return to normal. In any case, you have to prove your competence in problem analysis and problem-solving methods. If needed, consider changing from a firm to a lighter company.

Dear Madam,

This is a clear case of sexual harassment in the workplace, and you need to take action under the law if you so desire. You should escalate the matter as you have given enough warnings, but no change is seen.

Without trying, your assumption that the higher management may side with him may not be correct. Despite your expressing dislike and warnings for his unprofessional approach and behavior at and off the workplace, if he has not changed, it is high time you speak to the decision-maker with date-wise incidents and your verbal warnings.

If he is married, the next time he continues to indulge in the same behavior, tell him you will have to inform his wife/family members as well as the police as a last resort.

I do not favor any hasty decision to change the job but favor your firm actions without fear within available means under the law.

Regards,

Vinayak Nagarkar HR and Employee Relations Consultant

Dear Archie, I feel that you should give him a final warning so that he does not misbehave with you in the future. However, in case he does call you at odd hours or talks about irrelevant things, please record them and keep the call log handy. I would also suggest that you verbally inform the IC members and not be in haste to file a written complaint. If his behavior improves, then that's good for you. If not, you can make a written complaint to the IC member under the POSH Act. Do not consider the option of resignation at this juncture.

Dear Friend, Here, the problem lies with Managing Directors/business owners. There is no competency in Sales. That is the reason he becomes egoistic, unprofessional, and unethical. Challenges/problems are everywhere in workplaces/industries. One Sales Manager is withholding the lion's share, 70% of the company's clients, and makes an unbreakable position with power/money. He has core value in his profession, and managing directors support him.

An organization/company should not be molded by one employee. Here, HR has to go through competency. Hire other experienced Sales Heads/Presidents from competitors. If the hired employee performs well, the other person's power and support will decrease. But hiring costs/Management support will be a problem.

Never show your weakness to the world, because the world is much interested in playing with it. Problems are wonderful 'transition points' in life. Problems will come into your life to make you or break you. HR has a bigger role to play in mitigating the challenges by creating appropriate capabilities across the industry/sector.

Yours faithfully, Mohandas Nair.

Dealing with Sexual Harassment in the Workplace

The behavior you are experiencing falls under the realm of sexual harassment. Although we do not have the full details, it is important to address this issue seriously.

Under the POSH (Prevention of Sexual Harassment) regulations, the company is obligated to take action on a complaint made by a woman employee. If your company has a Sexual Harassment Committee, you should make a formal complaint to the chairperson of the committee.

Steps to Take if No Committee Exists

If the company does not have a committee, it is in violation of the law. In this case, you can file a complaint with the District Committee set up by the District Magistrate. You will need to locate the office of the local committee.

However, be aware that taking the step of complaining to the authorities might make your life in the company difficult. Therefore, you need to consider all options, including the importance of your current job and the ease of finding another job if necessary.

@Archi1993, Presence of such individuals is common in many companies. When these employees perform well (or rather deliver results that benefit the company), they may become overconfident and believe that the top management or chief executive is under their influence. This mindset motivates them to engage in such behavior.

However, as you mentioned in your post, do not avoid your roles and responsibilities. When you start confronting him assertively (not aggressively), he will likely become demotivated. If he continues with his behavior, prepare a written complaint and submit it to the Chief Executive of your company, with a copy to the Delhi Commission for Women. Since you are located in New Delhi, below is the address of the Commission:

Delhi Commission for Women
Address: C-Block, 2nd floor, Vikas Bhawan, ITO, IP Estate, New Delhi, Delhi 110002
Phone: [Phone Number Removed For Privacy-Reasons]

As our senior member advised you, please ensure you keep proof of any documentation you create regarding this matter.

Oh, sorry, madam, you are a girl. Ok, then you should change your approach. Report his unnatural behavior to higher department officers in writing; make a copy to the MD and chairman levels. Even if he does not change, please lodge a complaint with the police. The results may lead to him being put behind bars under the case of sexual harassment in the workplace, which is a serious crime.

Request the police to keep it confidential. They will certainly manage things in your favor. If you are shy to go to the police station, then seek help from the local labor department by filing a complaint. That individual will be called to the labor department office for an inquiry. If not, the company's higher officers will be summoned for a joint meeting and suggest his transfer or any suitable action when proven guilty. He may even face suspension or be dismissed from the company. Similar incidents have occurred in many companies where individuals, considered stalwarts and pillars of the company, were removed due to such actions. So, don't worry. Be brave. We are all with you.

Protection of Women from Sexual Harassment in the Workplace

The Protection of Women from Sexual Harassment in the Workplace is a central act. It was implemented nationwide about a year ago, and all state governments have been instructed to enforce it rigorously. The labor department has been included to ensure that there is no sexual harassment in the inspecting company during their inspections. A column has been added to the inspection proforma for this purpose. Moreover, the responsibility of maintaining a sexual harassment-free environment falls within their jurisdiction. If any such complaints are received, the labor office must address them seriously for resolution.

Filing a Complaint Under the POSH Act

You have the option to file a complaint under the POSH Act. Ensure you have proper evidence.

Dear Seniors, thank you for your suggestions and guidance, but in my case, management can't do anything. I really don't want any hassle for them or for myself, so I have submitted my resignation to them.

Steps to Address a POSH Act Case

This is a clear case under the POSH Act. Below are the steps you can take:

- Start collecting proof.
- Give a strict warning to the Sales Manager about his misbehavior.
- Submit a written complaint to the IC Committee/Senior Management with proof.
- Inform your family members about the incident.
- If there is no action by your management, you can approach the local Complaint Committee/Police Station. You can also inform the Women's Commission.

There is no need to quit your job by making an early decision. There are many ways to address this issue.

Thanks,
BK

First of all, do not panic. You are not doing anything wrong, and for somebody else's misbehavior, you should not get affected. The whole world is a mixture of good and bad.

Implementing an Employee Code of Conduct

Now coming to the specific issue, please implement an Employee Code of Conduct. In many organizations, suddenly some people start thinking that just because they contribute towards the success of the organization, they have the right to behave in any manner. However, in reality, any organization is the result of its team effort, products, services, and customer service.

So my recommendation is to get buy-in from management to execute a Code of Conduct policy and then take all steps to ensure that every single employee in your organization adheres to this.

Also, never get into any kind of argument with the person mentioned in your post, statements, or threatening or anything related to his behavior or your intent to introduce a new policy.

Now, to speed up the whole process, I am also sharing a free model policy template: https://qr.ae/pGNLpz

Addressing Unacceptable Behavior in the Workplace

The only option for you is to clearly tell the person that this behavior is unacceptable. If he continues to do so, you may complain to the POSH committee in your company and seek appropriate remedy.