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My query is without a warning letter, can my senior send me home without asking for any justification? Please revert.

The basis of this is I had a fight with a female staff member because of sales. She was a new joiner, and I was just telling her what she did was wrong, but I was a little rude. I have been working with my firm for over 3 years.

From India, Mumbai
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Kindly check your company policies, if your behavior with that lady is classified under "sexual harassment" then you can be terminated without notice and without explanation.
From India, Mumbai
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Dear Mr. Anshoo Kapoor,

I wonder why your senior would send you home for being a little rude with a female sales staff. This matter needs to be sorted out once and for all. If you knew that she was wrong, there is a way to explain things. In case you can't explain it to her in the easiest/simplest way, you could have updated your senior about her mistake and helped her learn and unlearn procedures or processes, or whatever it may be.

If you had realized your mistake, it's better to apologize and ensure that it is not repeated in the future. Kindly, don't take undue advantage of being with the same firm for the past three years.

With profound regards

From India, Chennai
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Hi Friend,

Please clarify the following:

- Whether the girl made any complaint against you to the Principal Employer?
- Fight Means Verbally or by Physical movement?
- Refer to Sexual harassment policies in your company standing order.

Please note that handle women employees genuinely. Because this policy is applicable to women; i.e., if women are harassed physically, visually, through symbols, etc., it will be considered against men. Also, the beauty of this law is that if men are harassed by women, no action will be taken against the women.

Thanks,
Jana

From India, Madras
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Dear Mr. Sanjeev,

Kindly consider my advice below. Your assumptions will definitely confuse all those members reading this thread. Kindly try to acquire more details/information before you post your comments. A verbal fight with a lady arising due to xyz reason cannot be classified under the sexual harassment policy. I hope you understood what I meant.

With profound regards


From India, Chennai
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Dear Anshoo,

Going by your brief description, we are not able to make out what went wrong. In the first place, legally speaking, your so-called senior doesn't have any power to send you out because he is not the appointing authority. Legally, other than the appointing authority, no one has the power to do so. Friends have touched upon a sensitive subject of "sexual harassment to women in the workplace". I think everybody should understand the topic first and then discuss whether Anshoo is in this bracket or not. Please refer to the attachment for some details about it.

I'm not sure whether you are covered under the Factories Act or Shops Act. But provisions under both are more or less similar.

Secondly, if she had complained against you, what picture did she describe about the incident which weighed more heavily in the whole episode, that you have to talk to your senior or Management to find out what went wrong. Most probably, her part of the story should have been very severe as it resulted in the marching orders to you.

If you consider yourself genuinely blameless, which could be supported by eyewitnesses, you can fight it out. Otherwise, the choice is yours.

Kumar S.

From India, Bangalore
Attached Files (Download Requires Membership)
File Type: doc The Gender Sensitisation -Sexual Harassment to women.doc (58.5 KB, 506 views)

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The very first thing I don't understand is why you came with this thread title "RESEARCH WHY."

Are you here to resolve your query, to get answers to your questions, or to know what is right and wrong after what has happened with you, or are you here to make research on these kinds of issues?

"You are here to know whether what your senior has done with you is right or wrong and how you can proceed now to save your job," so you must have come with a similar subject/title and not with "RESEARCH WHY."

I hope next time you will take care of that and consider these things while choosing your Thread/Discussion Topics.

Secondly, I agree with Mr. Khadir and Mr. Amit. This kind of issue can be sorted out easily without showing this unprofessional behavior that your employer/seniors have shown in your case.

A warning letter of MISCONDUCT according to the general procedure could have been issued to you or any employee found with this kind of act, but cannot be terminated. But if found with this kind of act/behavior again under the company/organization premises for two or more times even after issuing a Warning Letter, can be terminated without further warning or notice. In your case, there is nothing like that, therefore, they certainly have done wrong with you.

And this is not a Sexual Harassment case, not at all.

One more thing, Mr./Ms. Anshoo Kapoor, I would like to say here is that you must have control of yourself while talking to your Juniors as they are not just your juniors/trainees but new to the environment and have no experience and maturity at work like you have. Mistakes are expected from them as it is a learning time for them, being new and just have joined you. And if they are found with any mistake, it doesn't mean you have the right to treat them as you have done. (You have accepted above.)

Even it is your duty to handle these situations wisely and let your trainees/juniors know how they can prevent making mistakes, and you need to play a role of guide/mentor being a senior person.

Now back to your case, how many days have you not been continuing your services? And if they have not issued you any termination letter yet, you need to speak to them again and say sorry to your seniors, even to the girl whom you have wronged. The situation at the time of the act, we all can understand what has impacted your seniors, but now the time has passed, and you must visit them again. I'm sure this will work for you, and you can also set an example for others.

Do not make phone calls or speak to anyone in your company but need to make a direct visit and speak to your HR personnel first and later to your Senior/Boss/Supervisor.

From India, Gurgaon
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Hi everyone,

Thank you for replying, but I am going to explain everything. It was the 12th of May, a Sunday afternoon. Everybody was on the floor, and sales were really not happening in our company. We had to attend to customers in turns; every other staff member was at 0 till the afternoon. My sales were around 44 thousand individually. So, my manager called me and told me to help others as well. I started by assisting a girl with attending to her customer, who ended up making a purchase worth 17 thousand. After a couple of more customers walked in, I tried to use my turn, but the girl came between us. I thought she was trying to help me, so I stepped back. These customers bought around 6 thousand worth of stuff. When I tried to process the bill, the girl staff snatched the clothes from me and rudely claimed the sale was hers. I told her we could discuss it later, but she refused to listen. I went ahead and processed the bill, thanking and apologizing to the customers. After they left, I held the girl's hand and suggested we discuss the matter outside. Later, my manager resolved the issue, and we all went home.

The next morning when I opened the store, my manager and regional manager came in and told me to leave for home. It had been a week, and they hadn't asked for any clarification. They asked for my resignation, reinstated the girl, and withheld my salary. Feeling upset, I submitted my resignation. After dedicating over 3 years to the company, being recognized as a star performer on multiple occasions, I don't understand why my manager is taking this situation so personally. He was the one who hired the girl, who also frequently called out. Please advise.

From India, Mumbai
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Dear Mr. Anshoo Kapoor,

Why did you hold the girl's hand? Was it necessary for you? You were emotional, and it is not the right way to explain, especially to a female, because it is not acceptable under any circumstances due to our culture. Love your job, but not the company. Learn to live in the world of cut-throat competition and never think of doing good just to prove yourself good. The proverb "do good, be good" doesn't support this generation due to various reasons.

When an organization fails to recognize your talent and achievements, there is no use in offering your services to them. Move ahead in your life and search for a better job. Do not repeat this mistake in your life, and thank God for not being mistaken by the lady for holding her hand; otherwise, the situation would have been worse for you. Good luck.

With profound regards,


From India, Chennai
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Dear Anshoo, I agree with the points mentioned by Mr. Shaik. Also, work out on your behaviour and don’t react like this in future ever. Take it as a learning and move on. Good luck!!
From India, Delhi
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