Sexual harassment and workplace descirimination

Sub: Formal Complaint against my manager Mr. P M N, Sr. VP- HR I am ABC, Employee ID 1328 working in XXX Limited, Hyderabad, Andhra Pradesh since 1st April, 2009. I have been taking care of HR functions of XXX group companies; XXX India, XXX Global, XXX Seeds, XXX Seeds and XXX Backend and reporting to Mr. PMN, Sr. VP - HR. It has taken me a long time to find the courage to lodge this formal complaint against my manager, Mr. PMN. After all the situations I have faced since Aug 2010, I am starting to feel today that I will never be supported, promoted and my career growth and reputation will get spoiled if I keep receiving this unfair treatment by my superior Mr. PMN. Hence, this formal compliant is submitting to you for your kind perusal and justifiable action. Even after I had been consistently delivering the job deliverables perfectly year after year, I have not received the proper support from our Functional Head Mr. PMN. I have realized today that I was subjected to a systematic campaign of harassment, intimidation and discrimination by my functional head. Thus the letter is writing to you with a request to conduct a genuine investigation and verify the facts mentioned here. Detailed information and Documentation will be provided at the time of one to one discussion. Till such time, I am praying the good office to protect my employment, the data I am holding in my laptop and as well as my career reputation.  Mr. PMN refused to accept my resignation letter dated 1st Apr, 2010 and retained me back to the system in the month of June, 2010 after having the discussion and mutually agreed on the negotiated terms. Consequent of Mr. Atla�s resignation during the said period, I had been given an Independent role to take up the HR Functions for XXX Group Companies; XXX, XXX Seeds and XXX Seeds with the commitment that he will take care of my employment and agreed to change my designation to HR Manager�s cadre with the equitable compensation as per the band. Based on the above agreed terms, I have withdrawn my resignation letter and continued services there after. Mr. PMN advised me to purchase a car that will be reimbursed thru company�s �Own a Car Policy�, considering the advice is genuine that it has come from Sr. VP HR, I have purchased Hyundai i10 car in July, 2010. Documents will be furnished at the time of one to one discussion. In the month of August 2010, he has expressed his intention towards me and asked me to move with him closely with a condition to keep it confidential. He had also told me that he will be retiring soon and before that he will ensure to give a very good support to my employment if I accept his request. I was shocked with his sudden unlawful conduct and stepped out of his cabin thinking that I can ignore this incident. He had been repeating requesting again and again whenever I am meeting him for the official transactions as he is being my reporting authority. After waiting for a period him to change, one day I have informed him that �I�d like to keep our relationship strictly professional�. Since then, I have been retaliated with his unfair treatment.  My continuous follow up email on the retention commitments dated 09/11/2010 was not responded by him as a result of my refusal of his request (Email attached). On a later date he had started denying the agreed terms as it was discussed in the cabin and not given anything in writing. Request the good office to review the facts behind my retention.  When I have resumed duties on 4th June, 2014 after my Maternity Leave, my seat is completely vacated. No Telephone Extn, LAN, Printer, Filing cabinet. On the same day when I have informed my reporting and about the situation to Mr. PMN, he has started again asking the same and told me that still time is there for me to let him know whether I can accept his request. He has challenged me stating that even after experiencing his powers all these days, if I take up this matter to anybody, he has mentioned that he will throw me out of the office with a termination. Based on my decision to him, he will progress my Performance Appraisal 2013-14 and as well as for the corrections for 2012-13. After that Mr. RM is also represented on his behalf on 13th June, 2014 taking up the same context. I am scared of my future employment and career reputation, thus pledging the good office to investigate the facts and help me to provide a positive environment that will allow me to rebuild my reputation and career. I felt today that ignoring the situation will not make it go away and decided to bring to your kind notice with a confidence that you will conduct a genuine investigation to find the facts behind the unfair treatment. So that, I will get a clean chit from the company before I take up any further decision on my future employment. The following is the chronology of the events in seizing my work responsibilities in continuation of the context of the above: Work Related Stress 1. Mr. PMN had denied giving a skilled manpower to me to assist while I am handling the independent role during the period 2010 - 2013. Mr. PMN asked me to utilize Mr. Balaji�s services. Mr. Balaji studied up to 10th class and joined XXX as an Office Boy. Later he had promoted as HR Officer with the same education. Mr. PMN has also denied approving Blackberry when I have requested him to compensate my workload in terms of excessive usage of Laptop. Since I am the only one handling the Mediclaim process for three companies, Statutory compliance, employee queries for which, I had severely suffered and extended my working hours besides keeping me available for our staff at 24X7 and suffered with the excessive usage of Laptop even on holidays, leave and sick leave. Mr. PMN did not even responded to my laptop request and later had given approval after my rigorous follow ups with the IT. Request to review the same. 2. Please find the HR organization chart to understand the situation how the stress had been given to us and to understand the team size and work profile during the period mentioned. 3. He has made me whole responsible for all the pending tasks pertaining to the backdated. He was also not happy with the dual reporting that time and denied giving any approvals for the statutory renewals. Please review. 4. I have experienced with his falsification in all the transactions and dishonest on the actual facts. Hence, I request the management to kindly conduct one to one discussion with me and verify the facts before proceeding for further course of action. Employees� voices regarding the situations, my position and reputation can be shown to you at the time of one to one discussion. The purpose of bringing these voices to your kind notice that how the matter is spread around causing damage to my reputation. Unfair Treatment & Workplace Discrimination 5. I have been victimized today with his unfair treatment. In continuation of the above, my 2010-11 review had affected as I was given a very least rating of 2.1 out of 4 by my functional head HR Mr. PMN. Mr. PMN has mentioned that based on the Internal Customers feedback, the ratings are given. Mr. PMN has refused when I have asked him to review the feedback. And the same feedback is spreading to the new team in HR even now and given a place in my yearly reviews. Mr. PMN is influencing others with the same attitude to take the safe place for his unwelcome conduct. I want the feedback/s is to be reviewed with a genuine justification and provide me a clean chit. 6. All the pending Statutory Obligations (1994 on wards) of PF, PT, IT etc are given to me with out any orientation and information. Mr. PMN has made me responsible for the same without providing any skilled manpower and slowly demoted me from my Job Profile. It had lead to a very severe work place stress and depression. 7. Arbitrarily demoting me to a lesser role without any reason from time to time which was realized today that he is preparing his grounds for constructive dismissal of my employment. It had also affected to my Job Knowledge and career growth today by keeping me away from my daily job transactions. Request to kindly review. 8. Mr. PMN has refused in sending me for the Job Trainings. No Job Trainings had been provided for me from 2010-till date. 9. Mr. PMN has created a hostile environment and now today colleagues are scared to speak to me with a fear of loosing their jobs and informed by him to the other staff that my position is no longer exists and not to contact me for any official transactions. I have been humiliated with his unfair treatment and false allegations that are creating from time to time and the situation is intolerable to me at this time of juncture. 10. False allegations & accusations: False allegations on the work front keep him on the safer place and the same is informing to the leader ship team with out any proof or justification and made me liable for all the defaults. Request to review. (Email reply to MD and P M Nanjappa�s mail reply is attached for your reference to understand the situation). At one point of time, MD is agreed and said not to take tension and can resolve after I come back from my Maternity Leave. 11. Mr. PMN is also saying that I am not able to work in a team and my reporting managers are not happy working with me. If that is so, why is he not taken any action all these days? Why Mr. PMN is spoiling my Career Growth and reputation by accusing me with is false allegations? Please review on the same. 12. Unfair reduction of existing Job Profile: Till recently had a big portfolio of job works to be attended and the surprise is that was given a false promise of giving a different role they started removing all the job work responsibilities one by one. I approached time and again to my functional Head to let me allot new role so that I can contribute to the remuneration I am given. But to my dismay and hope against hope there was no response to my requests. Reference mails dated 27th March, 2012 and so on�.. Today I am sitting idle after downsizing my Job Role and disconnected the communication with the Job Transactions. Employer should know that the work environment would likely to cause another reasonable employee also may quit. Hence, I request the good office to take the appropriate action at the earliest. 13. Mr. PMN has refused to give QRP for my achievement in closing XXX Exempted and later released QRP with the cash prize of Rs. 2000/- after the matter is escalated to MD. It is proving his Failure to Honor Commitments. 14. 2012-13, XXX issues are sorted out and received PF annual slips those were pending from 2008 is not recognized so far. Request to kindly review. 15. During the end of the year 2011, since the migration of our staff to XXX is started, I have again asked Mr. PMN about my role clarity. Mr. PMN has mentioned to me that I am a good performer and company will not leave and surely he will take care of my employment in Global, if not in XXX. The same is again denied by him with the same context of my refusal of his repeated request. My career growth and the reputation on year on year are drastically bringing down with his unfair treatment and his false commitments all the time. 16. He has visited our XXX House in the month of Jan�12 and met me in his visiting cabin. He has enquired about my willingness to take independent role in XXX Backend India operations. I have agreed and accepted immediately stating that I am confident in taking up the role as I have proved in my independent charge for the group companies for Front end and Backend and requested him to provide one skilled manpower working under me. He has come next day, and said that the position requires lot of touring and again pointed out of my gender questioned me that being a lady, will it be possible. I have confirmed him again that I will be taking up the said role. Next day he has come and said that the position may not suitable to me. I have asked him the justification; he has mentioned that the leadership team doesn�t want me to take the role. I have asked him to conduct the open discussion to know the loopholes and he has refused. I felt embarrassed; I found Mr. PMN�s conduct is offensive, undignified. Request to kindly review. 17. It wasn�t until a new employee joined us�a less experienced, less educated, underperforming employee�that I started to worry about my situation. After few months of the above discussion, in the month of May�2012, Mr. RM had appointed as HR Manager Position and Mr. PMN changed the reporting structure from him to Mr. RM besides demoting my Job Profile, career growth and the respect. With the support and influence of Mr. PMN, Mr. RM is also extended his indiscipline attitude towards me and the same is informed to Mr. PMN. No action had been taken so far and insisting me to report to him again and again. The mails I have sent to Mr. PMN about Mr. RM are again forwarding to him without any action and helped in creating a hostile work environment by Mr. RM. Reference mails are attached. Since Mr. RM has a poor understanding skills and lack of communication and not having much experience on the role he is appointed, it has given me a difficulty in approaching and guiding him every time. He always speaks in his local language using singular terms and spreading rumors within the organization. Request to review on the same as the rumors in the workplace can lead to hurt feelings and may mean employees have to work in a hostile environment. 18. Mr. RM has come from a Factory junior level Experience and not even knows any of the HR Operations. Mr. Nanjappa asked me to work on his behalf and teach him in all the aspects to only support his careless recruitment. Please review. 19. Since then, Mr. Nanjappa started to empty my job profile by taking one by one assignments from me and asked me to handover the completed tasks with familiarization to Ms. Smita besides supporting her randomly till such time she handles the jobs independently. Kindly review. 20. Mr. PMN told me that Mr. RM is not clear in excel formulas and the process of increments, he has asked me to do that besides teaching him the annual increments for the year 2012-13. No data is shared to me and Mr. RM is under confusion. Considering this, I have told them that I will alone do the annual increments of backend staff and will give the data to them back. They dint agree and the backend operations I am holding are taken away from me without any formal notification and handover. Please review. 21. Even then, he is ignored all my requests regarding my next job role had put me under severe stress and depression that I have been suffered even at my pregnancy during Mar�13 � Sept�13, maternity leave and now. 22. Considering the change and the news spread around, my profile and position is degraded. And the kind of respect I used to take is completely ignored by the other staff. There are too many rumors spread around and I felt today that I am defamed with all his false feedback and unwanted conduct. Please review. 23. I had a discussion in the month of Jan�13 with Mr. PMN regarding my role clarity, he has mentioned that he has created a role for me in global operations and asked me to complete the financial year transactions with XXX Backend 2012-13 and as well as for XXX to Smita. Later on, as usual he has started denying and informed MD that I have not responded back to him for the role in global that was offered by him. 24. I have understood from some of our leader ship team that he has straight way refused their recommendations on my job elevation in turn stating that I am arrogant and needs improvement. Pregnancy Discrimination & Harassment Thou it is unlawful to harass a woman during her pregnancy and after Maternity Leave; the same is happened in my case. The said Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results severe stress and sleepless nights with the depression. Request you to kindly review the below facts.  He has informed to me on 12th June, 2013 at 5 pm in Global Office that he will not conduct my annual appraisal of 2012-13 in the presence of Mr. Dharmender who had worked with us as HR Lead Asia & Africa. My yearly review of 2012-13 is delayed intentionally to give me mental stress and insecurity of the Job. He has asked me to submit the papers on the same day. When I have mentioned again to him that I am pregnant and for the maternity benefits, he told me that he will give some compensation and forced me to submit papers. I was just shocked and gone under severe mental stress and was on leave for coXXXe of days to get relaxed myself. MD was informed about the situations I am facing, but since he was busy in his transitions to the next successor, was unable to give time to me. Please audit the fact that my performance review was not properly conducted in Aug�13 and released the pay with out having proper documentation. Please review on the points: why my appraisal has conducted late and not along with other staff. Mail attached.  He and Mr. RM are forced me to take leave and advised me to work from home. So that, they will find a reason to avoid the performance review 2012-13.  My job profile of XXX Backend Operations is taken away from me with out giving any intimation in the month of June, 2013 besides emptying my profile with XXX. Please review.  During my pregnancy, Mr. PMN asked me to conduct the medical camp and training on Safety at our plants which are around 30 kms away from the city. He is well informed that I am not supposed to travel in the mid summer, but still he has insisted me to do so. The said task is completed by me.  Severe stress and pressure had been given during my pregnancy by his false accusations & allegations vide my email reply dated up to 03/09/2013. That was given severe stress, depression and felt in secured about my Career and reputation. Even after I have informed him that my doctor asked me not to take stress, without humanity, Mr. PMN has extended his unfair behavior till 03/09/2013. I am scared for not getting the maternity leave and medical benefits. This had led me to have sleepless nights, depression and taken severe stress while replying the mails. Just because of his unfair behavior extended till 03/09/2013, unfortunately my premature delivery happened on 05/09/2013 under emergency. It happened 2 � months early before the due date of Nov 13, 2013. Please review.  They dint even allow me to avail my maternity leave with peace and denied my Statutory Leave request of 30 days additional on account of illness out of premature delivery under section 10 of Maternity benefit Act. My mail request dated 23rd December, 2013 and 27th Jan, 2014 is denied. Mr. PMN dint even shown his humanity even at the critical time I have faced during and after the delivery. Please review the same.  My April�14 salary was kept on hold without any intimation to me and not released so far even after my reporting back to office.  During my maternity leave, one full time employee and one third party satff is recruited. I have not got any introduction even after my return back to office.  I have joined back on 04/06/2014 after my Maternity Leave; so far the adjustment had not been taken place. That gives a room to other staff to be curious about my position to day and gossiping out. As of date I am left with no work and I am feeling mentally harassed and discriminated about the changes and the situation in office place without any given work. Looking at the changes even after my ML, I fear and also worried that it not only affects my career but also my health condition which may lead to any unwarranted situation. I trust my XXX XXX management to help me and recognize my services, thus compelled me to approach your good offices. I sincerely pray to you to help me out from this situation of embarrassment and protect my employment and career reputation till such time the investigation is completed. Request to kindly allow one of your XXX designated persons to investigate and for the one to one discussion. My other colleagues are advised me to keep quite as our company is integrated and having different management systems, but, still I have a hope that XXX management will consider my case as a genuine one and will conduct a genuine investigation. I trust my career can continue to flourish under more positive circumstances, and look forward to pursuing my career with you. Please excuse me if it is not in order and allow me to provide the detailed information at the time of one to one discussion as I have been under severe mental stress while drafting the letter. Yours sincerely, looking for your opinion