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mental harrasment by employer

(Querist) 28 June 2017 This query is : Resolved 
Unfortunately i have fallen with cancer just 2 months post my joining. This was relapse and i never knew that cancer has this DNA of repalse. I have well informed my employer about my illness and treatment plan. Post getting assurance of medical coverage as treatment cost was quite high compare to regular coverage and assured for fair accomodation once i come back i have gone ahead with treatment. However as predicated by my treating doctor i could not recover within stipulated time frame. Here post all medical test and reports doctor has indicated for full recovery within 3 months of surgery and chemo and radiation therapy. Hence i have accordingly communicated my Company HR and senior. Since i have fallen under huge financial debt despite being not recoverd i decided to join office and post submitting medical fitness certificate prior to my joining duties i have fallen with critical infection which lasted for months and unfortunately again i have to stay confined at home. But post 3 months though my infection is yet to recover i decided to join off and now my employers is not interested in hiring me back. One of the main reason for this is as i have gone partial dumb as cancer as affected my ability to speak badly and i hadci very resposible job at managerial level. They are of opinion my inability to make proper communication with different department and subordinate will have greater effect on business hence they are not interested in employing me anymore. They already have got my replacement the day i have taken medical leave. I have not been paid salary for many months and i have furnished my employer with all relevant medical documents each time of my illness. Now with huge debt burden and due to cancer and since my ability to speak had been badly affected my livelihood has become a huge challenge. My employer ( HR department)is discading all my communication straight away and not respoding to my sms or mails. Pls guide....
Kumar Doab (Expert) 28 June 2017
Instead of SMS or phone calls transact in writing at least from personal email,id.
Request good offices of appointing authority,MD,CEO,President, Chairman, to accommodate you in another role for the time being.
Kumar Doab (Expert) 28 June 2017
You have posted that it was relapse.
Did you contract the disease before joining and did you declare it in employment/HR/joining forms/

The employer might have covered all employees including you in some insurance policy say from LIC and it might be possible to get say 1/3rd of salary.................

Check with designated HR personnel.
deandj (Querist) 28 June 2017
Sir i have made all relevant communication at all places including my ceo too bringing up to his notice all instances. I have even visited personally too. However post dodging me twice HR personnel met me during my 3rd visit. I have asked my employer for reinstatement and post follwing them for 60 days during my 3rd visit i was able to meet them and they wanted me to opt for low profile job or seek compensation which was not even half of my salary. I felt humiliated and denied accepting both. All this while i have been making all my communication through mails and sms only as they never answered my calls. Also there has not been a single instance where they have replied to my mails. I have raised my concern with HR for unethical approach. I have fallen victim to wrong commitments made by doctors and my employers.
P. Venu (Expert) 29 June 2017
The company company is unethical in denying the benefits as to the medical benefits. However, for the present, you need to abide by the management's decision as to the profile of job that could be entrusted to you. In public service, it is statutorily protected that there shall not be any loss of emoluments in such an eventuality. It would be worth pursuing this aspect, if similar principle is not prevalent in private/corporate employment.
Kumar Doab (Expert) 29 June 2017
It is felt that you are not terminated by employer.
Isn’t it!

So where is question of rejoining.
If you are declared fit to resume duty by doctor then you may report for duty.
If employer or its attorney's prevent from joining start building irrefutable written record.
Kumar Doab (Expert) 29 June 2017
It has already been suggested: If you are asked to sit in another role for the time being without loss of remuneration then you may consider it.

In this context I agree with Mr. P.Venu.
If you are negotiating then negotiate with patience.

Kumar Doab (Expert) 29 June 2017
Due to your compromised health the employer is unable to retain you in the same position, since it’s business interest is affected.
Amicable solution lies in one making the offer other negotiating it on reasonableness and both accepting on reasonable grounds.
The doctors do advise schedule of treatment and periodic review.

You have communicated to employer what was advised by doctor to you.
Now what is your aim: keeping yourself in employment with same employer or getting compensation?
Check with HR on policy say from LIC.
It may fetch you some relief till you are under treatment/or for some time as per T&C of policy (if any).
deandj (Querist) 29 June 2017
Right sir even i agree basis health issue to adapt a different role so business doesn't get affected but along with different role they tend to adjust my ctc too accordingly to role proposed. Here my ctc too is compromised and cut almost to half of my current package. I have denied such offer. I believe its an indirect view of hurting emotions and humiliation. This act adopted so i myself resign and quit services.
deandj (Querist) 29 June 2017
Also missed 1 part. My employer wants me to undergo medical fitness test through their selected doctor. I have welcomed their suggestion. However its again past 15 days they have gone unresponsive. Though i m keeping touch thru sms and mails. All this while past 2 months i m only requesting and trying to stay clam is such distress situation. They are neither getting on job nor ready to reinstate my salary. They are just adapting an delay approach. M unable to understand what my employer is upto.


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