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Deepak   16 July 2015

Forced to exit from company

Hi, I am working as a manager in a software company, as per contract all matters can only be settled in chennai , TN. I am being harassed for almost a year by giving me lower positions job then I was hired for, without giving me a reason . When it happened first time, (after spending 1.5 years in due position, i was asked to do a lower position due to internal reorg) , I denied taking that up and instead opted for a same level position in different unit, I was promised a same level position but required to move to delhi, after moving even that unit declined that level position citing some internal reasons  ( which I know now and it was improper), and it was clear to me that they are keeping me because only they agreed to take me in however they kept me in lower position, but later when CEO forced each unit to cut cost they happily took my name and I had to come out that unit. In doing so the unit head created unwanted and unjustified impressions about me. all this process repeated two more time, I always tried to stood up to get back my position in some other unit, but something or other ( mostly due to politics and carrying of that bad impression from previous unit)  ruined it. While I confirm that all this happened on backgrounds and on paper and on data there was nothing to suggets I did not perform. Infact i have had appreciation mails from client during these period.

Suddenly last week I was asked to resign , and in a threatened manner by saying that we dont have any role for you and if i dont resign, they will terminate me and also give poor feedbacks. I recorded this conversation with HR and I also have other proofs over time that how they mis represented and cheated me in various ocassions. I can give more details, but need to understand if this makes up a case. I am seriously unable to sleep and demotvated enough to appear in new interviews.



Learning

 3 Replies

Kumar Doab (FIN)     16 July 2015

This should make up evidence.

However keep the record safely in original memory card (say in locker) and in device.

First thing first:           (1) Firm up your next venture ASAP.

(2) Approach an able Labor Law Consultant/service Matters Lawyer/Law firm dealing in labor/service matters.  Your counsel can help your draft the interactions and place on written record. Your counsel may opine that:: Demand of resignation and threat to cause damage is offence and that you can even lodge criminal complaint………………….and can even opine that jurisdiction can be either of last location of employee/Redg. Office of the company/any office of the company/corporate office of the company/as stated in appointment letter.

3. Download each evidence of coercion/threat/rewards/awards etc and narrate these in representation to god offices of appointing authority,MD etc as per advise of your counsels.  

 

>>> When you initiate a query on such matters post following information in 1st post itself, pointwise!

 

What is this establishment registered as: Commercial,Industrial?


What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time, before and after your joining?

 

Is the person designated as HR Manager is your appointing authority or MD?


 


The Redg Office, Corporate Office of the company, and your reporting office was located in which state?


What was your designation and nature of duties?

How many persons were reporting to you?


Did you have power to sanction leave/increment/appoint/terminate?

You have worked for how many months?


Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?

 

Is it stated in appointment letter that notice pay in lieu of notice period can be tendered?


What was your monthly salary?


Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16, given to you?


If you choose to resign you should  mention NO tasks are pending at your end and to whom you should handover the charge?

 

Are you a member of any employee’s/Trade Unions? You can be even if a decorated designation of Manager is given to you and union leaders know precise ways to drill sense into the heads.

Have you consulted a lawyer and what is your lawyer's opinion?

 

 

 

 

 

 

 

Deepak   16 July 2015

Thanks Dear Kumar , for responding.

 

Is there a possibility of a discussion with you or can you refer someone I can present more details to?

 

Thanks

Deepak

 

Kumar Doab (FIN)     17 July 2015

You can post in the thread.

Send a PM if you want.


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