Satendra 16 December 2015

Mental harassment and forced resignation by avp hr

I joined a new org. in the last week of oct 2015 as a Team Lead talent acquisition and on 2nd last week of Nov our AVP HR visited us and thretened me in front of Sr. Manager HR that "I am not happy with your performance so far so either you resign now or take 15 days time and give me nos. as per my expectation (7-10 line up everyday) and nobody will report to you (although nobody was reporting to me right from the begining).

The vacancies I was told to do hiring for was open since May,june,july,august,september and october and 5 consultants 3 hr recruiters and 1 Assistant Manager (AM) had already been working on that but unable to fill the vacancies.When I joined AM went on maternity leave.After getting ultimatum from AVP I worked rigrously for 15 days and was able to give 2-3 line up somtimes 1-2, and sometimes even nil line ups per day.

Experiencing difficulties in lining up candidates I shared the problem with Sr. Manager HR that I get only 2 to 2.30 hrs throughout the day when candidates are available to pick up calls,when I scheduling 7-8 candidates per dayis not possible as they are not available in plenty and I am under tremendous pressure of losing my job,then he assured me nothing wrong will happen to you.There were other problems in doing line up I contacted many candidates got their interview conducted and they got offered as well but I got to know that ther were already shared by one of our consultants so it went into their accounts.amd my efforts count zero.

One fine day AVP called me up along with Sr. Manager (by that time I had completed 45 days) and told that you were not able to perform as per my expectation so you will have to resign immediately.Either resign get 1 month salary exp and relieving letter or get terminated.I was not given warning letter or PIP or anything but forced to resign.

Can I sue my AVP for the mental torture she has given me while working? Is there any law that can help me getting reinstated in the organization.gracefully? This incedent has jolted me from within.I will not be able to justify next company reason for leaving current org. so early.People at the helm arbitrarily set ultimatum then throw employee at my level as if we mean nothing.

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6 Replies

Kumar Doab (FIN) 16 December 2015

Can you establish that you were coerced,forced, and intimidated to resign?

Has your resignation been accepted?

Has your lawyer opined that he/she can mediate and get the forced resignation back?

Satendra 16 December 2015

I am at entry level in the hierarchy I was told either resign and do not come to office and look out for a new job,you will get support from us by getting positive verification or your working status will be negative (Asked to Leave performance issue).Today is the second day since I had to resign and didm't go to office as instructed by Sr. Manager HR at the behest of AVP HR.

My resignation was received by AM payroll and separation form was given to me where date of leaving was told to keep blank.I do not know if it has been signed.They have said they will put me in saparation after a month so that I get time to search new job and salary for that period,also experience and relieving letter will be given after a month.

Satendra 16 December 2015

I do not have any lawyer who has opined that he/she can mediate and get the forced resignation back?

Kumar Doab (FIN) 17 December 2015

It is your call now what you want to do!

You can withdrasw the resignation claiming that it was extarcted by pressure/force/coercion/intimidation.....................!

In other thread initiated by you at following link you have posted that:

https://www.lawyersclubindia.com/forum/Gratuity-eligibility-129785.asp

My problem has been resolved by taking help from a legal expert he simply made calls to my ex MD and sr. Manager hr and argued about gratuity law and its amendments and surprisingly they gave me everything exp and relieving letters and gratuity.

The same lawyer if you want may agree to intervene,mediate and get your resignation withdrawn and settle the matter amicably without any adverse effect on you.

Are you a member of employee's/trade unions?

You should better be.

In such cases it is always better to rcord the evidence for use at approrpiate time in approrpiate forum.

Satendra 17 December 2015

The problem with white caller employee is that they do not have any union in such pvt. companies. I had contacted the same lawyer to intervene but he said he knows my company they have the history of throwing employee like this.take exp and relieving and 1 month salary and look for other job.He also advised me not to show my current company experience to avoid giving justification of leaving the job so early. But I want to fight because what he is advising is the last resort. My appointment letter says 6 month probation period and 1 month extension if not found upto the mark but company reservrs the right to terminate without prior notice. Can a company do it without giving justification? Can't an employee has any say in forceful termination of serives? Please suggest.