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Ananda   19 June 2019

Retaliationdiscrimnton case against employer after resigning

Sir, I worked for a multinational company as a Manager in Bangalore. Due to organization changes, I got a new boss 'A' . Due to wrong and damaging feedback from others, 'A' moved my team to another and I was left with no team members. When I enquired about the feedback he got, he simply ignored and I effectively remained an individual contributor. Then 'A" introduced another manager (B) between me and him. So B reported to 'A' and I reported to B. B was very unpredictable and often used to crticize people in public and also make personal comments. B was always highly critical of India, and it was not acceptable to some of us (others did not care). I informed this to 'A', and 'A' promised to bring it up with B at appropriate time. When I checked with 'A' later he said it will take lot of time to change B. B would waste all his time just chatting and socializing. Later there was lot of office gossip about B his behavior and skills. In my knowledge, others have also complained against B to 'A'. But no action or corrective measure was taken by 'A' leading to a lot of frustration and despair in team members. Suddenly one day B called me and along with help of HR, managed to give a final warning to me saying that I am creating bad work environment and not working full hours. I tried to question about what was wrong etc. as no prior discussions had happned but they got menacing. They also warned me not to discuss with anyone. B said someone on the phone overheard me talking to another person. They said they have also spoken to lot of people. B was not able to explain anything negative about working hours. I just said fine and came back as I could not collect my thoughts to argue. From that day all other members of department started behaving weirdly, like completely ignoring/avoiding me or looking with strange faces. Later I learnt that B had spread bad info about me and created a very negative perception about me and even disclosed the hr action taken, but no one ready to speak out. In reality, B himself was following his own schedule and generally not available in office to support his team. Due to fear of dismissal and for safety of my future career, I did not discuss the event with anyone. 'A' preferred a certain kind of profile, mainly returning NRIs or US citizens to work with as direct reportees, others (even more experienced and talented) were distanced using a second layer. A would directly assign tasks without following any hierarchy. There were many instances where my hard work was attributed to other employees (in written). There are countless examples where a task was first assigned to the preferred group, then transferred to me/others for express delivery as lot of time got already wasted by the preferred group. The organization doesnt take any action against upper management (A and B are upper management). When I enquired with B about why my work was shown as some other's work in a meeting, B said he will check and get back but there was no update. In such circumstances, it was better to resign and i quit the job and served notice period. Then they made me beg for my leave and bonus quoting policies, finally I was able to get my leaves encashed but still no bonus. I would like to know if a case of harassment, retaliation and discrimination (or any other appropriate) can be made against the company as I was compelled to quit and faced a lot of trouble because of them. I have read about constructive dismissal/discharge but have also heard that after resigning voluntarily, taking action against employer is not feasible. Please advise.



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