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Sakshi Gupta   02 May 2018

Termination of women Mgmt employee under medication

I joined an MNC in Gurgaon in Aug 2016. My manager started harassing me (verbal, s*xual), bullying, intimidating in public & person. I raised this to many higher officials including Director HR. They did not raise a case. Also there is no place where the details of POSH Comittee are listed. In July 2017, I met with an on duty cab accident after which I started to have severe headache, fainting, high blood pressure. Also, due to my managers harassment, I was under psychiatric treatment. I was forced to resign in Oct 2017, which I refused. I was working until November 2017, after which my health deteriorated. I was in constant communication with HR & Sr. Leaders. Office doctor also confirmed that there is no specific recovery time. I wanted to join back but Sr.leaders asked to me take rest. After trying all treatments without relief, I changed to alternate medicine. Doctors said I should not expect more than 80-85%recovery over 6-7years of treatment. Suddenly, in March 2018, I was sent a termination letter without cause. There was no intimation or communication before this was sent. There was no compensation for my medical damages due to accident and harassment. How can I get justice?


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 9 Replies

Siddharth Jain   02 May 2018

Firstly, you'll have to serve a legal notice to your employer in reply to the termination letter received by you. The legal notice should clearly state the legal consequences the employer would have to face, if you are not reinstated olat your posituon. If they do not adhere to the conditions se forth, you can approach labour court for wrongful termination on medical grounds as well as you can file a suit for samages against your employer.
For any other queries feel free to contact me at isidjain1@gmail.com

Kumar Doab (FIN)     02 May 2018

Hope you have irrefutable evidence of all points that you have posted and acknowledgments/POD of leave applications/medical certificates/communications….

Hope the company reimbursed all medical expenses!

Did qualified specialist in alternative medicine recommend bed rest!

The tile of the query suggests Woman Management Employee..!

You may (may not be) covered by def. of ‘Workman’ as in ID Act and/or ‘Employee’ as in Shops & Estbs Act..and may (may not be) be eligible approach Labor court, Inspectorate

 

Kumar Doab (FIN)     02 May 2018

Before you approach court approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Service matters and having successful track record ….. and worth his/her salt …and discuss in person………….for a considered opinion after examining all docs and inputs!

If you have already consulted pls post what is the opinion of your own counsel that has examined all docs and inputs!

Has your counsel that examined all duties on record affirmed that you can approach Labor courts?

 

Sakshi Gupta   02 May 2018

Mr. Doab, thanks for your response. Yes I have evidences of every single statement made by me. Yes, it's does not fall under workman act. Thanks

Sakshi Gupta   02 May 2018

Mr. Doab, thanks for your response. Yes I have evidences of every single statement made by me. Yes, it's does not fall under workman act. Thanks

Sakshi Gupta   02 May 2018

Mr. Jain, truly appreciate your humble response. I will teach out to you on email. Mr. Doab, yes I have evidences for every statement made by me. I have checked with the local counsel and it's been vetted.

Sakshi Gupta   02 May 2018

Mr. Jain, truly appreciate your humble response. I will reach out to you on email. Mr. Doab, yes I have evidences for every statement made by me. I have checked with the local counsel and it's been vetted.

Kumar Doab (FIN)     02 May 2018

Before approaching civil courts approach a very able counsel in person as already suggested and discuss by sharing docs and inputs...

 

Kumar Doab (FIN)     02 May 2018

Wish you the very best.


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