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TCBalam   30 August 2016

Workplace defamation and humiliation

I worked in Scope International from 13/10/2014 to 16/02/2016.I had undergone medical treatment for Typhiod from last week of November to first week of December and took medical leave for the same.
After joining my duty, my Manager started harassing me by saying that the project was affected due to my absence and i was not performing well in my work.He conducted one on one meeting
in the second week of December and made derogatory comments on me wantonly. He said that i had to consult a  Psychiatrist as I was suffering from Mental depression so that i should resign my job as the company was about to terminate employees who had personal problems like me.I shocked and asked him why did he make such a personal comment on me without any basis. He said that he could easily find people who were having mental issues.Next day i met my VP and reported the issue.But he never considered the issue.He asked me to take it easy and quit the job as i was not performing well in the job.I told him that i got the good rating in the first half of the year.But he said that that was the past one and the company was demanding more from employees so that i had to resign my job immediately else the company will terminate me without any notice period.He too insulted me by saying that i had some personal problems so that i could not perform well in the job.He never considered my concerns related to defamatory remarks made by my Manager.With shock and humiliation,i resigned my job (on 14/12/2016) after two days.

I did not escalate the issue to HR (Human Resource) then as I was afraid that My Managers would find any problem wantonly and again mistreat me in the closed meeting room.Also i was afraid that final settlement and obtaining my relieving documents would be affected due to my Seniors interference as they had been working in the company for long time so that they were having influntial contacts in all the departments.

In spite of all these sufferings, i had been coming to office to hand over my responsibility to other team member.Owing to mental sufferings and humiliation, I was affected by post typhiod fever sequel again.Finally i made up my mind and sent a mail to HR in the last week of January, explaining them the defamation issue in details.In the mail i reported that my mental suffering due to humiliation and defamation and health issue that resulted into my resignation.(not due to personal issue alone).But they never replied me nor they never conducted one on one meeting before my last working day. Due to health issue I got my brother's help to finish the exit formalities.The HR failed to address the serious issue raised by me.I also escalated this issue at exit interview that happened through phone.But the interviewer was not interested to hear my case at all.

I was hesitating to take legal action against the company due to the following reasons.

1.I was waiting for fianl settlement (salary and obtaining Experience certificate) and PF closure.Out of them, my PF settlement is yet to be completed.
I sumbitted my pf form on 16/04/2016.After so many phone calls and mails from me,the form was sent to PF office only in the last week of june. I found that my PF claim form was kept in the Scope office for seventy days with out any valid reason.But it was rejected due to invalid details present in the form itself and got returned to Scope office.
My company blamed me, for providing wrong informationin in the PF form, related to my previous company PF details.But I submitted my previous company's pay slips and offer letter at the joining time iself.I wonder why did company not verify that details before sending my claim to PF office.My PF settlement was not handled properly due to carelessness and unknown reason.

2.I was afraid that my career will be affected as the back ground verification, needed by future company, would not happen properly

3. Most importantly, i felt myself bad in exposing the issue as this is related to my mental condition, it might affect my family status and good name if it is known to others.

Now i made up mind to speak up for the justice to be given for the improper treatment and defamation.

Two weeks back,I again sent the mail with details to HR Country Head seeking justice and compensation for what happened to me.
They responded that it was six months old issue and it was already closed verbally by my VP.
But I communicated them that it was not closed that time as i escalated the issue to HR and to exit interviewer before leaving the company.
I asked them why HR did not call me and discuss the issue before relieving me? Was it not a serious issue?


But there was no response from them till today.

Please note that i am unemployed  for the past six months as i could not get the suitable job due to my mental sufferings and poor physical condition.
Please guide me how to proceed in this regard

 



Learning

 7 Replies

Kumar Doab (FIN)     30 August 2016

Do you have th evidence of your charges?

 

Did you ever claim in any written communication  that you were asked to resign/have resigned under pressure etc/

The communique of the company "They responded that it was six months old issue and it was already closed verbally by my VP.'........................is in writing? If yes it might be of some kind of acceptance.

 

Did you fill PF froms without any errors? (But it was rejected due to invalid details present in the form itself and got returned to Scope office.)

If PF form filled by you had no errors then employer should have submitted within 5days and supplied the acknowledgment issued by PF office (for you) to you.

 

You may better spend some qulaity time with employe's/trade union leaders and a very able Labor law Consultant.

 

1 Like

TCBalam   01 September 2016

Thanks for your time and your valuable reply.I sent the mail to HR with the details about the mental abuse and humiliation.But i do not have the mail with me becuase printing the mail or sending the mail to outside of the office is prohibited as per company policy. But i received the mail saying that it was verbally closed by VP also they pointed in the mail that it was the one on one meeting between my manager and me.Also My rejected PF was re-subnitted after three weeks of time

Kumar Doab (FIN)     01 September 2016

Were you satisfied with verbal closure by VP?

You can ask for the certified copy of official email.

Personal, personnel matters can be sent from personal email id.

1 Like

TCBalam   01 September 2016

No sir, I am not satisfied the way in which VP handled the issue.He too insulted me by saying that i had some personal problems so that i could not perform well in the job.He never considered my concerns related to defamatory remarks made by my Manager.Today i sent the mail to scope seeking the mail copy which i sent to then HR related to mental sufferings. Please guide me what to do if scope would not provide the mail copy.

Kumar Doab (FIN)     01 September 2016

Employees that are ill informed, ignorant are exploited and humiliated and harassed.

Apply your skills to get the relevant records.

As already suggested:

You may better spend some qulaity time with employee's/trade union leaders and a very able Labor law Consultant.

 

 

 

 

 

 

Kumar Doab (FIN)     01 September 2016

There are many threads at LCI on harassment of employees that you can search in 'Search' option on bottom of right hand side, e.g;

 

https://www.lawyersclubindia.com/experts/Fired-without-warning-and-termination-letter-614501.asp

Sudhir Kumar, Advocate (Advocate)     08 September 2016

ase for demation sustain only if

  1. allegtion made by defendent
  2. made against applicant
  3. conveyed to third party
  4. applicant lost reputation
  5. the allegation is false

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