Upgrad LLM

biased claim of sexual harassment against my colleague

Reasearch Analyst

Hi all,

I am working with a pvt ltd KPO, 3 members team wd a TL, we always had professional issues with him as he lacked in every single area of management and skills. it was long since 2 and a half year in this project with him one of my male peer resigned and a fresher came in and was a referal of a manager on floor. The moment she joined in my TL started asking us to look out job to both of us saying they are expecting a rampdown, we confirmed the management to find it wrong but he did not stopped and kept asking to leave the organization soon. He earlier used to threat me only as i am a female through other coulegue of mine, but after this fresher on boarding he started asking both of us to resign. This new fresher all of sudden staretd creating issue and took to our personal life and started talking all rubbish with my link up with the male emoloyee. Even explaining many times to her that this is something personal you should not get into she took it into other level and made extreemly slanderous remark on me and my peer. We complained to Our manager and senior manager but they did not allow us to go to HR and statrted doing more harrsassment in to meeting rooms by pulling our personal life and terms with each other, in front of that fresher. which encourages her a lot. And in the motivaton she again put a finger on our characterstic and made a derrogatory remark in front of my manager, the comment provoked my male counterpart and he abused her in the room and asked to stay away. this all thing got used by my manager making a svere case against my male counterpart and without even listening to our point HR asked him to leave the organisation and unfortunately me peer signed the document of false alligation in fear of getting terminated written on his letter.

Now they have terminated him and working on his reeliveing letter dont know if they write terminated or not but that female who does all this intentionaly got no punishment. me and my male couleague have resinged the same day when all this incident happen but even after that they terminatted him and didnt allow him serve notice.

The judgement is 100 percent biased towards a female who has management backup, her dignity is being proteced and what aboout me as a female employee and him being a male dont we have our self respect and image and charater. without any reason out personal relation and life is getting interrogated and being questioned upon, we both have been working perfectly fine and there was no effect on our project then why the management come up with such a decision traping and spoiling an employees career of 9 years without even a mistake other than this. nad that too was rather insighting him to react in that way.

Please help what can we do I am serving my notice will my voice will be heard. I am female employee and had already faced 2 and half year of bias action and harrassment towards everything but did not got any help from upper management and now one of my peer has been fixed into this as he didnt resign as per TL wish.

Dont know how to go about it further please help

 
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Proprietor

 

Two points here. One in your favour and One against.

 

The one AGAINST you is that you cannot MIS-USE office for anything other than OFFICIAL PROFESSIONAL activities.

Link-up, Hook-up, Romance,..etc are personal and on that very ground of indulging in personal activity, in a professional atmosphere, is enough to FIRE you.

______________

 

The point in YOUR FAVOUR is that, you CANNOT be asked to leave.

The management has to follow a procedure/ method in this.

First, they have speak to you about it. 

Next, they have to send you five reminders ( memo ) about any issue that they face with you.

If the performance appraisal report has good points in the performance column, their position is complicated.

If there are any appreciation mails appreciating your job, by the client and/or your management, then again their position is complicated.

After three reminders about your behaviour in office, the project team has to involve the HR team.

The project team has to take care, initially, in the interests of the business.

Only when one meeting and the five memos issued, can they prepare a formal HR TERMINATION report.

where is the termination report ?

every date of every reported issue has to be mentioned in that report and signed by HR and your Manager and evidence too should be there.

 

where is that report ?

They cannot terminate your services just like that.

____________________

 

THE BIGGEST MISTAKE YOU PEOPLE DO IS TO REMAIN QUIET WHEN THEY REPEATEDLY ASK YOU TO LEAVE.

 

YOU SHOULD DIRECTLY SEND A MAIL TO ALL SENIORS THAT YOU ARE BEING ASKED TO LEAVE and that IT IS PLAINLY SNATCHING YOUR CONSTITUTIONAL RIGHTS TO SELL YOUR SERVICES.

 

SAME DAY, YOU SHOULD GET AN ADVOCATE TO SEND A NOTICE WARNING THEM NOT TO INDULGE IN FORCEFUL TERMINATION.

IF THEY BRIBE YOUR ADVOCATE, no problem.

Your Initial Mail can be treated as a PRIVATE NOTICE, in which you have mentioned to your seniors that you are being FORCED to leave.

 

Even now, you can send them a PRIVATE NOTICE that you were forced to leave and that you are contemplating legal recourse towards relief and remedy, which includes seeking adequate compensation for damaging your career graph.

_____________________

BUT REMEMBER, THIS IS ONLY IF YOU ARE NOT AT FAULT.

IF YOU ARE AT FAULT, BETTER LEAVE THE COMPANY SILENTLY WITHOUT MAKING IT A BIG ISSUE. THAT IS GOOD FOR YOU.


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