Recently, a new guy joined our company, and unfortunately, I have to report to him. This guy seems to be playing dirty politics to get me off work. As part of our daily discussions, we got into disagreements, and he seems to have taken it very personally. Today, he wrote an email to me, copying HR and his boss, about my conduct, suggesting that my tone, reaction, and agitation were unacceptable and that if it repeats, he will have to make a decision. Now, this guy's agenda is to kick me out of the job because he feels threatened by me (due to my tenure, industry experience, and other skills). This is apart from the petty tricks he uses daily to ensure that my day goes rough.
How to Deal with Workplace Politics
Now, my question is, how do I deal with this man? I obviously don't want to quit just because another person has his insecurities. Is there a legal procedure to sue him for threatening me? Please advise.
From India, Delhi
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How to Deal with Workplace Politics
Now, my question is, how do I deal with this man? I obviously don't want to quit just because another person has his insecurities. Is there a legal procedure to sue him for threatening me? Please advise.
From India, Delhi
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If you are so confident about your tenure, skills, and experience, do you think your company will let you go? Another thing, do you have any proof that he is threatening you, and thus, you want to sue him? How are you going to prove it?
Your manager will likely escape as it's the company's internal process to send an employee a warning letter if he/she is wrong somewhere. Rather than wasting your time in legal suits, try to talk to your manager about his expectations with you. If you still cannot cope, then write an email to your super HOD and HR and request them to change your HOD if possible. I hope you are good in tenure and experience, and the company will surely respect it and provide you with a solution.
Good Luck!!!!
From India, Mohali
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102Your manager will likely escape as it's the company's internal process to send an employee a warning letter if he/she is wrong somewhere. Rather than wasting your time in legal suits, try to talk to your manager about his expectations with you. If you still cannot cope, then write an email to your super HOD and HR and request them to change your HOD if possible. I hope you are good in tenure and experience, and the company will surely respect it and provide you with a solution.
Good Luck!!!!
From India, Mohali
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"We got into disagreements, and he seems to have taken it very personally. Today, he wrote an email to me, copying HR and his boss about my conduct, suggesting that my tone, reaction, and agitation were unacceptable and that if it repeats, he will have to make a decision.
Dealing with Disagreements with a New Boss
Getting into a disagreement with a new boss is nothing strange. It happens to many, as we are set in our old ways, and a new manager comes with his/her new ideas and work patterns. Also, a new manager feeling threatened by a subordinate who is more qualified and experienced is also nothing new. I know of many cases during my working life and also in retirement. When such disagreements occur, juniors in the hierarchy have to be very careful in how they disagree. Sometimes our tone and body language give an impression that we are attacking the person, and such behavior will not be tolerated.
You have been given some sound advice, and kindly follow that."
From United Kingdom
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Dealing with Disagreements with a New Boss
Getting into a disagreement with a new boss is nothing strange. It happens to many, as we are set in our old ways, and a new manager comes with his/her new ideas and work patterns. Also, a new manager feeling threatened by a subordinate who is more qualified and experienced is also nothing new. I know of many cases during my working life and also in retirement. When such disagreements occur, juniors in the hierarchy have to be very careful in how they disagree. Sometimes our tone and body language give an impression that we are attacking the person, and such behavior will not be tolerated.
You have been given some sound advice, and kindly follow that."
From United Kingdom
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Handling Workplace Politics and Unfair Treatment
Your boss has set the ball rolling to create a pile of records against you, with copies marked to line managers and HR to create evidence of 'Loss of Confidence'. You should submit a fitting reply and start building an irrefutable record.
The actions of your boss may have the tactical approval of line management/HR and might be happening as per a script. The issue is that you might be sending replies by intranet mail without any copy to yourself. Although the company is the custodian of records, it may not provide access to your communications. Hence, find a way to keep copies or reply from a personal email or by letter through registered post.
Handling the boss is a skill, and any skill can be acquired. Such matters are best handled by employee unions, trade unions, works committees, or grievance redressal committees when individual efforts fail.
Are you aware that the state of Karnataka has made it mandatory for all establishments to have a 'Grievance Redressal Committee' with an equal number of employees? Also, the 'Works Committee' is an authority as per the ID Act.
Rowdiness of bosses is not unknown, and even courts of law have passed judgments bypassing 'Rowdiness' on record. I have discussed it in detail in the following thread:
http://www.lawyersclubindia.com/foru...p#.VMueTS2qr5Y
Rajasthan High Court Case Reference
Bhanwarlal And Ors. vs Rajasthan State Road Transport http://indiankanoon.org/doc/510946/
“We have to travel through a plethora of decisions of the Apex Court, and yet we are not wiser. No one can tolerate gross indiscipline, corruption scandals, violent and rowdism in 'Boss chambers' or Corporation corridors, and Courts can ill-afford to encourage them bordering on abetment. But veiled, camouflaged, and masked actions of termination simpliciter in such cases, whether they raise eyebrows of 'rule of law', 'natural justice' patronagists, is an important facet in such 'endeavours'. Termination, in an economy cursed by massive unemployment, may be termed as a draconian measure of last resort. 'Causa causans' of misconduct needs enquiry and not 'termination simpliciter' under Standing Orders, and the Court can unveil and unmask the hidden foundation by removing the plaster of 'innocuous' camouflage.
'Loss of confidence' of the employer, whether it consists of the same old wine of 'service at pleasure' in the 'new bottle' and whether it can be used as 'Aladdin's lamp' again to 'hire and fire' and demolish and diminish 'status' to pure 'master and servant' 'contract' is yet another dimension of this debate. The new Industrial jurisprudence of the 'Third world', whether it articulates, recognizes, or postulates 'security of service' to workmen, is a broad issue, all of whom have been bid 'Goodbye' unceremoniously overnight, sacked without being told 'why so' and 'why this homicidal lottery draw against them only'? In the rule of law, whether such powers are autocratic despotic and yet no exception can be taken to them due to limitations of Article 311? If so, whether Chapter V-A of the I.D. Act occupies this field making Clause 13 redundant is yet another important highlight of it."
Regards.
From India, Chandigarh
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Your boss has set the ball rolling to create a pile of records against you, with copies marked to line managers and HR to create evidence of 'Loss of Confidence'. You should submit a fitting reply and start building an irrefutable record.
The actions of your boss may have the tactical approval of line management/HR and might be happening as per a script. The issue is that you might be sending replies by intranet mail without any copy to yourself. Although the company is the custodian of records, it may not provide access to your communications. Hence, find a way to keep copies or reply from a personal email or by letter through registered post.
Handling the boss is a skill, and any skill can be acquired. Such matters are best handled by employee unions, trade unions, works committees, or grievance redressal committees when individual efforts fail.
Are you aware that the state of Karnataka has made it mandatory for all establishments to have a 'Grievance Redressal Committee' with an equal number of employees? Also, the 'Works Committee' is an authority as per the ID Act.
Rowdiness of bosses is not unknown, and even courts of law have passed judgments bypassing 'Rowdiness' on record. I have discussed it in detail in the following thread:
http://www.lawyersclubindia.com/foru...p#.VMueTS2qr5Y
Rajasthan High Court Case Reference
Bhanwarlal And Ors. vs Rajasthan State Road Transport http://indiankanoon.org/doc/510946/
“We have to travel through a plethora of decisions of the Apex Court, and yet we are not wiser. No one can tolerate gross indiscipline, corruption scandals, violent and rowdism in 'Boss chambers' or Corporation corridors, and Courts can ill-afford to encourage them bordering on abetment. But veiled, camouflaged, and masked actions of termination simpliciter in such cases, whether they raise eyebrows of 'rule of law', 'natural justice' patronagists, is an important facet in such 'endeavours'. Termination, in an economy cursed by massive unemployment, may be termed as a draconian measure of last resort. 'Causa causans' of misconduct needs enquiry and not 'termination simpliciter' under Standing Orders, and the Court can unveil and unmask the hidden foundation by removing the plaster of 'innocuous' camouflage.
'Loss of confidence' of the employer, whether it consists of the same old wine of 'service at pleasure' in the 'new bottle' and whether it can be used as 'Aladdin's lamp' again to 'hire and fire' and demolish and diminish 'status' to pure 'master and servant' 'contract' is yet another dimension of this debate. The new Industrial jurisprudence of the 'Third world', whether it articulates, recognizes, or postulates 'security of service' to workmen, is a broad issue, all of whom have been bid 'Goodbye' unceremoniously overnight, sacked without being told 'why so' and 'why this homicidal lottery draw against them only'? In the rule of law, whether such powers are autocratic despotic and yet no exception can be taken to them due to limitations of Article 311? If so, whether Chapter V-A of the I.D. Act occupies this field making Clause 13 redundant is yet another important highlight of it."
Regards.
From India, Chandigarh
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Basically, there should not have been any occasion to disagree because you have to perform the duties as the employer requires during the duty hours. I think by straightening out this, the boss will not normally have that attitude which you are apprehensive of. But if you cannot see eye to eye, then virtually it has become a battlefield. Then do your duties sincerely as per directions and suggested above. Keep a record of the conversation, etc.
If you are a workman, then you have protection under the ID Act. In case of illegal termination, you can challenge in labor court. If a union is there, then raise an industrial dispute of unfair labor practice of threatening to terminate illegally. But if you are not a workman, the law of the land that the contract of personal service cannot be enforced but damages can be recovered, will govern the field (Vaish Degree College v Laksmi Narain decided in 1975 by the Apex Court).
Further, there are other laws for the protection of women's interests against sexual harassment, for SC and STs to take appropriate action.
Thanks
Regards,
Sushil
From India, New Delhi
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If you are a workman, then you have protection under the ID Act. In case of illegal termination, you can challenge in labor court. If a union is there, then raise an industrial dispute of unfair labor practice of threatening to terminate illegally. But if you are not a workman, the law of the land that the contract of personal service cannot be enforced but damages can be recovered, will govern the field (Vaish Degree College v Laksmi Narain decided in 1975 by the Apex Court).
Further, there are other laws for the protection of women's interests against sexual harassment, for SC and STs to take appropriate action.
Thanks
Regards,
Sushil
From India, New Delhi
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