Dear Seniors,
Need your help on one my query request you to please help me I will be very thankful.
I am an employee in a Pvt sector Bank and my current designation is Branch Operation service head. in April month due to some unpredictable reasons I had been absent from 25/04/2013 to 26/05/2013 from my service and the actual reason of my leave was that on 24/04/2013 one our lady staff (working in our other branch) make false allegation with me that we had got married last five year back and now and going to remarriage as per my family planning the lady is already married and mother of two children and also claim herself to be divorcee she logged a FIR in police station so in that case police had charged me some and I was one month in judicial custody due to false allegation.
Now on dated 20/04/2013 respective Session judge issued me a bail order because that lady not able to provide any avoidance for all allegation. And now she complaint the same things to our HR team and now HR is not allowing to continue my job and by force pressurized my resignation without issue any notice and office memo. and also said if I did not do the same, they would forcefully terminate me I asked to him please take my written explanation and reason of my leave but they refused all the things and not allowed me to sit in the office.
On dated 30/05/2013 they had issued me a office memo and the memo was dated 16/05/2013 there company is expecting from me that I suppose to report the branch before 21/05/2013 which is not possible because i had received that letter on 31/05/2013 and finally they had issued me my termination order saying that I was on unauthorized leave and not provide the proper explanation of my leave while I was already report the branch on 27/05/2013 and marked the attendance in register. although my HR know all the things very well because on 25th April 2013 I had handed over all the branch related keys (CASH and other branch premises keys ) which lived with me to one our other branch staff and also inform the incident to my reporting manager and Resign Head. but still they are saying that I was in without informing leave and further is was impossible for me to submit my leave request on written because I was in judicial custody and they have force fully terminated me.
I had more than 4 year and 8 month work experience with this company and I am a regular performer of the company I had got regular hike and salary increment year to year in this company and I have no any such complaint and issue in my past service.
So please guide can my company terminate me without any prior notice and office memo. Can I take a legal step on that against my HR
Thanks and regards
Balraj Singh
From India, Noida
Need your help on one my query request you to please help me I will be very thankful.
I am an employee in a Pvt sector Bank and my current designation is Branch Operation service head. in April month due to some unpredictable reasons I had been absent from 25/04/2013 to 26/05/2013 from my service and the actual reason of my leave was that on 24/04/2013 one our lady staff (working in our other branch) make false allegation with me that we had got married last five year back and now and going to remarriage as per my family planning the lady is already married and mother of two children and also claim herself to be divorcee she logged a FIR in police station so in that case police had charged me some and I was one month in judicial custody due to false allegation.
Now on dated 20/04/2013 respective Session judge issued me a bail order because that lady not able to provide any avoidance for all allegation. And now she complaint the same things to our HR team and now HR is not allowing to continue my job and by force pressurized my resignation without issue any notice and office memo. and also said if I did not do the same, they would forcefully terminate me I asked to him please take my written explanation and reason of my leave but they refused all the things and not allowed me to sit in the office.
On dated 30/05/2013 they had issued me a office memo and the memo was dated 16/05/2013 there company is expecting from me that I suppose to report the branch before 21/05/2013 which is not possible because i had received that letter on 31/05/2013 and finally they had issued me my termination order saying that I was on unauthorized leave and not provide the proper explanation of my leave while I was already report the branch on 27/05/2013 and marked the attendance in register. although my HR know all the things very well because on 25th April 2013 I had handed over all the branch related keys (CASH and other branch premises keys ) which lived with me to one our other branch staff and also inform the incident to my reporting manager and Resign Head. but still they are saying that I was in without informing leave and further is was impossible for me to submit my leave request on written because I was in judicial custody and they have force fully terminated me.
I had more than 4 year and 8 month work experience with this company and I am a regular performer of the company I had got regular hike and salary increment year to year in this company and I have no any such complaint and issue in my past service.
So please guide can my company terminate me without any prior notice and office memo. Can I take a legal step on that against my HR
Thanks and regards
Balraj Singh
From India, Noida
U need to consult with a lawyer , in your situation no one can terminate you. You can claim for damages even from the organization and people who is supporting the lady for false alligation.
Meet the lawyer and do not sign any paper in the company. They cant terminate you without giving any notice and this is not a reason why company would be able to terminate instantly.
From India, Mumbai
37Meet the lawyer and do not sign any paper in the company. They cant terminate you without giving any notice and this is not a reason why company would be able to terminate instantly.
From India, Mumbai
Hello Balraj Singh,
You mentioned that you got the Memo dated 16/5/2013 on 31/5/2013.
How was this delivered to you? By Post OR by courier OR by-hand? If it is by Post or Courier, there should surely be a sent date-stamp on the cover. That will prove when it was ACTUALLY sent to ylu--irrespective of what date is mentioned on the Memo.
Like the earlier member mentioned, they Bank can't terminate you this way. Looks like they have pre-judged the issue & made-up their mind to terminate you & sent the Memo late to ensure it reaches you after the Joining date mentioned in the letter [21/5/2013].
Pl consult a lawyer ASAP.
All the Best.
Rgds,
TS
From India, Hyderabad
You mentioned that you got the Memo dated 16/5/2013 on 31/5/2013.
How was this delivered to you? By Post OR by courier OR by-hand? If it is by Post or Courier, there should surely be a sent date-stamp on the cover. That will prove when it was ACTUALLY sent to ylu--irrespective of what date is mentioned on the Memo.
Like the earlier member mentioned, they Bank can't terminate you this way. Looks like they have pre-judged the issue & made-up their mind to terminate you & sent the Memo late to ensure it reaches you after the Joining date mentioned in the letter [21/5/2013].
Pl consult a lawyer ASAP.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear Sir,
I eceived the memo on 31/05/2013 thru speed post and the same was booked for delevery on 30/05/2013 and the letter with me with proper envelop where the speed post sticker also avilable.
thansk and regards
Balraj Singh
From India, Noida
I eceived the memo on 31/05/2013 thru speed post and the same was booked for delevery on 30/05/2013 and the letter with me with proper envelop where the speed post sticker also avilable.
thansk and regards
Balraj Singh
From India, Noida
Hello Balraj Singh,
The sooner you contact your lawyer the better I guess.
You do have a very strong case in your favor--except that you need to go thru the tension & delay in the process.
All the Best.
Rgds,
TS
From India, Hyderabad
The sooner you contact your lawyer the better I guess.
You do have a very strong case in your favor--except that you need to go thru the tension & delay in the process.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear Balraj,
What is understood from your narration is, your organization has terminated you without understanding the whole issue. An employee cannot be terminated in the first place, without proper investigation of the details and substantial evidence. Your HR must be well aware of the consequences of terminating an employee without valid reason. Based on a mere allegation and false implication, they should not have taken such a drastic step.
On your side, before proceeding on leave of absence, you should have submitted a written note of all the happenings to your immediate boss with proper acknowledgement, that would have shielded you from your HR from terminating you. Recognition of your efforts through yearly increments and salary hikes is a part of business. You also stated that the court has released you on bail. Your HR must have contemplated it from a legal perspective. Even though you don't have past history of such incidents, from company's point of view, it appears that as a defensive action they acted in this manner. Don't loose your courage and don't get frustrated. Keep enough evidence and witnesses on your side that prove your innocence. Though consulting a lawyer may be of some help, before doing that please approach the top management with all the details and records of the case and explain them. Who knows, they may understand your case in a sympathetic way and may reinstate you. All the best.
With regards,
Madhusudan
From India, Vijayawada
What is understood from your narration is, your organization has terminated you without understanding the whole issue. An employee cannot be terminated in the first place, without proper investigation of the details and substantial evidence. Your HR must be well aware of the consequences of terminating an employee without valid reason. Based on a mere allegation and false implication, they should not have taken such a drastic step.
On your side, before proceeding on leave of absence, you should have submitted a written note of all the happenings to your immediate boss with proper acknowledgement, that would have shielded you from your HR from terminating you. Recognition of your efforts through yearly increments and salary hikes is a part of business. You also stated that the court has released you on bail. Your HR must have contemplated it from a legal perspective. Even though you don't have past history of such incidents, from company's point of view, it appears that as a defensive action they acted in this manner. Don't loose your courage and don't get frustrated. Keep enough evidence and witnesses on your side that prove your innocence. Though consulting a lawyer may be of some help, before doing that please approach the top management with all the details and records of the case and explain them. Who knows, they may understand your case in a sympathetic way and may reinstate you. All the best.
With regards,
Madhusudan
From India, Vijayawada
The point of argument chosen by the lady is both Balraj and she are married for five years and suddenly declares this after such a long time. Why she took such a long time if they are really married? that too employees of same organization marrying each other. Is the organization blind to such important events. How the parties involved in this issue are managing health insurance without proper details submitted to the organization? What are their nomination details? Would all these things not shed some light on the hidden facts? The lady claims herself to be a divorcee. To whom she is married before and from whom she is granted divorce? If she is married to Balraj then what has refrained her from disclosing the details to the organization before? Details are not evident.
Here, one thing may be considered by the senior members while addressing other members as male chauvinists that it is objectionable because nobody spoke a word against the lady nor disrespectful to the lady. The members were only trying to ascertain the details of the case presented and think from different perspectives. Each person has his own view. That necessarily not be for or against the parties involved in the case. As this is professional forum for all members irrespective of seniority / juniority to share their opinions, there should not be gender bias. Senior members may please rethink before posting any comments.
With regards,
Madhusudan
From India, Vijayawada
Here, one thing may be considered by the senior members while addressing other members as male chauvinists that it is objectionable because nobody spoke a word against the lady nor disrespectful to the lady. The members were only trying to ascertain the details of the case presented and think from different perspectives. Each person has his own view. That necessarily not be for or against the parties involved in the case. As this is professional forum for all members irrespective of seniority / juniority to share their opinions, there should not be gender bias. Senior members may please rethink before posting any comments.
With regards,
Madhusudan
From India, Vijayawada
Dear Madhusudhan,
thanks for your valuable time.
The same thing I asked my HR manager if we were married five years back, why she did not tell this to anybody in my or her family. Why she did not even tell this to HR department? for their information. Why she did not carry my cast with her name as per Hindu religion? Why she did not use title Mrs. How did she remember about our marriage only after five years when I was going to get married?
She had done only to create the problem in my marrage and HR also suporting her even asking any question to her any question allowe to work with the orgnasition and she is working proprely in office.
thanks..
From India, Noida
thanks for your valuable time.
The same thing I asked my HR manager if we were married five years back, why she did not tell this to anybody in my or her family. Why she did not even tell this to HR department? for their information. Why she did not carry my cast with her name as per Hindu religion? Why she did not use title Mrs. How did she remember about our marriage only after five years when I was going to get married?
She had done only to create the problem in my marrage and HR also suporting her even asking any question to her any question allowe to work with the orgnasition and she is working proprely in office.
thanks..
From India, Noida
My dear Madhusudan
By taking objection and offense to a part of my remarks "... reflect the typical male chauvinism" you have once again highlighted the predominant societal trend.
My comments were caused by no consideration or thoughts about the lady who had made such a claim or complaint.
How can a working lady (a co-worker), who is a divorcee and presently having two children; shall raise such a dispute without any reason ??
However, there were no questions put forward on this.
Does it not mean that it has been ASSUMED PRIMA FACIE that working ladies or divorced ladies are LIKELY to put such FALSE CLAIMS even when a person has nothing to do with it or has NO CONNECTION with the matter.
You may kindly like to explain what kind of ATTITUDE such acceptance imply.
Also, it has been assumed that the allegations are FALSE, in spite of the very fact that the person has been in judicial custody for a month over it.
In fact, that was the reason, I was awaiting responses from lady members; so that they can present another dimension or new insight.
Moreover, it is strange that under the circumstances, no complaint of sexual harassment at workplace was made; instead there is just a claim for legal status as a "wife". to me that indicates the absence or lack of hostility. However, this angle has not been probed further.
I request you to come forth with your explanations, if you have more experience in such matters.
Also, I express my apology in case I have hurt yours or others sentiments; I admit that I do not have much experience in such affairs relating to female colleagues, (whether married, unmarried or divorced with or without children), at office.
Also, I totally agree with your contention :
In fact this is what is expected from all; thus my views ( and just the phrase "" ... reflect the typical male chauvinism." ) should not be opposed or attacked.
Warm regards.
From India, Delhi
By taking objection and offense to a part of my remarks "... reflect the typical male chauvinism" you have once again highlighted the predominant societal trend.
My comments were caused by no consideration or thoughts about the lady who had made such a claim or complaint.
How can a working lady (a co-worker), who is a divorcee and presently having two children; shall raise such a dispute without any reason ??
However, there were no questions put forward on this.
Does it not mean that it has been ASSUMED PRIMA FACIE that working ladies or divorced ladies are LIKELY to put such FALSE CLAIMS even when a person has nothing to do with it or has NO CONNECTION with the matter.
You may kindly like to explain what kind of ATTITUDE such acceptance imply.
Also, it has been assumed that the allegations are FALSE, in spite of the very fact that the person has been in judicial custody for a month over it.
In fact, that was the reason, I was awaiting responses from lady members; so that they can present another dimension or new insight.
Moreover, it is strange that under the circumstances, no complaint of sexual harassment at workplace was made; instead there is just a claim for legal status as a "wife". to me that indicates the absence or lack of hostility. However, this angle has not been probed further.
I request you to come forth with your explanations, if you have more experience in such matters.
Also, I express my apology in case I have hurt yours or others sentiments; I admit that I do not have much experience in such affairs relating to female colleagues, (whether married, unmarried or divorced with or without children), at office.
Also, I totally agree with your contention :
In fact this is what is expected from all; thus my views ( and just the phrase "" ... reflect the typical male chauvinism." ) should not be opposed or attacked.
Warm regards.
From India, Delhi
Dear shri Rajkumar,
I appreciate your logical thinking and welcome your point of view. Since this being a professional forum, I thought that what I write should not be misconstrued. As a senior person you know very well that lady members contemplate a lot before voicing their opinion, particularly in a case where the member of the same gender is involved. It is however, up to them whether to comment on such matters or not. My point is, unless the circumstances that led to the divorce of the lady so claimed are known, facts cannot be established in this case. For me it is not wise also to comment on such matters.
However, I still feel that Balraj was sent to judicial custody based on prima facie assumption by the court on primary accusations levelled against him by the lady. Moreover, if the lady is making complaint on sexual harassment grounds, it may end up in some kind of action on Balraj by the company and in such case she would be a loser and not going to serve the purpose intended by her. Hence, she chose a different approach to get the "wife" status. My intention is not to oppose or attack your view point.
Best regards,
Madhusudan
From India, Vijayawada
I appreciate your logical thinking and welcome your point of view. Since this being a professional forum, I thought that what I write should not be misconstrued. As a senior person you know very well that lady members contemplate a lot before voicing their opinion, particularly in a case where the member of the same gender is involved. It is however, up to them whether to comment on such matters or not. My point is, unless the circumstances that led to the divorce of the lady so claimed are known, facts cannot be established in this case. For me it is not wise also to comment on such matters.
However, I still feel that Balraj was sent to judicial custody based on prima facie assumption by the court on primary accusations levelled against him by the lady. Moreover, if the lady is making complaint on sexual harassment grounds, it may end up in some kind of action on Balraj by the company and in such case she would be a loser and not going to serve the purpose intended by her. Hence, she chose a different approach to get the "wife" status. My intention is not to oppose or attack your view point.
Best regards,
Madhusudan
From India, Vijayawada
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