Suresh (Entry Level) 08 February 2011

is this punishment right?please go through this

Hi all,

I just wnated to share an incident happenend in my company which
involved myself and my friend and wnated ur opnion whether the punishment
is right?

I wrok in one of the TIER-1 software company,I had a heated conversation

with my girl friend which resulted in me
slapping the girl.This incident took place in cafeteria.We knew
each other for past 5 year,so I appologised her and she left
the incident go,she didnt made any complaint.But 2 of associate who
were present in the cafeteria complained it to the HR.

HR called both of us and asked us to write appology letter
stating the incident to avoid punishment.I wrote that I
slapped once and the girl wrote that she pinched the boy..Upon getting the letter they asked both of us to leave.

Next day they called and told that we have been terminated and forced us to apply for resignation in the company portal threatening us that if we wont apply for resignation we wont get experience certificate.So out of fear we applied for resignation.

our performance in company was not taken into consideration and HR created story around it and made this incident look very bad to the higher management.

is this the right punishment?we have only 10 months of
experience.how will we get a job with that?we cant even apply
as fresher since they are 2009 passouts.

when that girl questioned her termination HR simply said that you
have given a written statement of pinching him so we are
terminating you and the boy for slapping you.
My seniors and managers feel that we are hard done.
now the girl is sitting at home with her future in doubt.

Please guide us whether we can file petition against the company?atleast for that girl to get her job back,since she was helpless in this matter.

please provide legal advice....

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6 Replies

Kirti Kar Tripathi (lawyer) 09 February 2011

from the facts of incedents, you narratted. I think you both have any case. first of all the incident took, is a serious misconduct under the service secandly you have apologised in writing. in case, file file any case, both will come in the ways. so my advise is forget this and try to get another job as fresh.

sanjay kumar (BE/ LLM in Corporate Laws) 09 February 2011

In my view the conduct of your HR Group is not fair. Their forcing you to resign on the basis of your apology letters is also not fair. Further, there was no complaint from your friend also to the company as such. Cafeteria, though is under company's establishment, is also not a work-place. Its a place for workers to rest and relax.

In my view ,first of all you discuss the matter with your immediate Boss or supervisor. In case he is not co-operative, you can discuss the matter with your Head of the Department. You can solve this with negotiations with your company only. Law will not come to your help because the situation has arisen because of your taking laws in your hands.

Avinash Kumar Sharma (Sr. Manager HR) 09 February 2011

In my view your conduct in the factory premises is a serious misconduct. Majority of companies including multinationals ( leave aside small companies) do not tolerate such type of behaviour inside the company premises. It is better for you and your girlfriend to find another job and not to repeat this type of behavior in future. Legal process is too lengthy and there is little chance for you and your girlfriend to succed.

radha krishna (vp-hr) 11 February 2011

The actions by both of you in cafetaria amounts to misconduct.

The action is very severe. But opting legal action is not advisable as there is a possibility of loosing the battle because(a) ithe action of yorus is misconduct (b) since you have putup only 10 months services you must be on probation(c) you have given an apology letter (d) resignation letter.

We faced such situations in mfg units. Since the workers are very intelligent/ union leaders guide them/proper domestic enquiry has to be conducted/no one comes forward to give evidence/normally the worker involved will deny the charge etc., most of these compaints will be closed as not proved. Finally managements close the issue by just giving a warning and most of the times no action.

Since you people are educated/straight forward you agreed your mistake which has landed you/thrown you on roads.

We pity you.

ramanarayana gupta m r ( reitred bank executive) 18 March 2011

IN MY VIEW THE THERE IS NO CONNECTION WHAT HAS HAPPENED IE., FACTS AND WHAT HAS BEEN RECORDED INCIDENT.

WHEN THE INCIDENT IN THEIR OWN WRITING HAS BEEN WRONGLY NARRATED TO SUIT THE MANAGEMENT I FEEL THERE CAN NOT BE ANY RECOURSE AGAINST THE EMPLOYER.

AS MANY HAVE OPINED THE CODUCT IN THE PREMESIS WCHI WILL INCLUDE THE CAFETARIA RUN BY THE INSTITUTION/COMPNAY, THE MANAGEMENT WILL BE RIGHT IN SEVERING THE EMPLOYER AND EMPLOYEE RELATIONSHIP.

AS THE STORY HAS BEEN WRONGLY NARRATED BY THE CONCERNED EMPLYOEES, IT IS BETER NOT TO DRAG THE ISSUE FURTHER AND THEY MAY FORGET.

M. Munikrishnan (Bank Executive (Retired)) 23 March 2011

There is no point in knowing whether the punishment is right or wrong at this stage? Court cases are going to be time consuming and frustrating. You people have a long career path before you. Pl put this incident behind you and think of the future rather than brooding on the past..