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Pradeep (na)     20 August 2017

Company forcing employee to quit for complaining on manager

Dear Learned lawyers please help my firend 

1.  My freind works in a large BPO organization 

2.  He was team leader doing good job in his work, but manager coming and doing mincromanagement

3. First time manager used filthy language and my friend walked out of company 'weeping', later manager apologized

4. My friend joins back and continues his good work

5. After 2 months again the manager meddles in the team and harrases

6. My friend in a fit of anger 'Quits' citing harrasment as reason, but continues to work, manager stops interfering

7. Apart from quiting online he also writes a email to HR manager that he has quit only due to harrasment

8. HR keeps quite for 2.5 months, myfriend keeps working, manager is also not disturbing 

9. All of a sudden a replacement is identified for my friend and is told that his resignation is accepted and he can leave company after 15 days (3 months notice period)

10, My friend is shocked , instead of inquiring into harrasment, they not only replaced him from a good running process but also asked to leave

11. My friend complains to Ombudsperson of company, but no good response, (lazy)

12. He has been given one month extension and HR is not talking to my friend , he is currently serving extended notice period

13. He has all emails in black and white. 

14. The harrassing manager is protected and person complaining is shown door.

15. Can my friend approach Labour Commisioner or he should file a case on company for harrasment and illegal termination ?

PLEASE HELP



Learning

 3 Replies

KS Johal   20 August 2017

Before you approach labour commissioner or file a case against the company for harassment and illegal termination you must be in a position to prove harassment and illegal termination. If you think you can prove it, yes you can file a case of harassment and illegal termination? If you cannot prove it, then obviously you will be wasting your time and money. Remember when you started employment there must have been a contract in place. The contract is for the benefit of both parties. You will also need to prove the fact that you were useful to the company that employed you and that you are not in breach of the contract.
1 Like

(Guest)

Struggling with employer is almost like struggling with sharks. No frutiful result can be expected by struggling with the management, unless there is some solid evidence of illegalities on the part of the management of the company..

 Charles Darwin, an eminent naturalist, geologist, biologist, and author wrote the book on "Theory of Evolution" out of which the term "survival of the fittest" gained much ground. Your friend need to learn the tact of being fittest in the work culture of a company wherever he works. Else, the other alternative is to switch over to some other suitable job.

 

 

Pradeep (na)     21 August 2017

Thanks for reply sir, I also gave similar advice, but he feels he is unfairly targeted by company for complaining about somethng wrong. The manager clearly did some micro-management to insult my friend but after protesting manager stopped doing so, so it is clearly documented that manager intention was to harras my friend in front of his team members. Even HR has acknowledged that manager was wrong.....

 


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