Dear Seniors,
I need your help with a query. I kindly request your assistance, and I will be very grateful.
I am an employee in a private sector bank, and my current designation is Branch Operation Service Head. In April, due to unforeseen circumstances, I was absent from my service from 25/04/2013 to 26/05/2013. The reason for my leave was a false allegation made by a lady staff member from another branch. She claimed that we had been married for five years and were planning to remarry. The lady, who is already married and a mother of two, also falsely claimed to be a divorcee. She filed an FIR, leading to me being charged by the police and spending a month in judicial custody due to these false accusations.
On 20/04/2013, the respective Session judge granted me bail as the lady could not substantiate her allegations. However, she later complained to our HR team, resulting in HR pressuring me to resign without any notice or office memo. They threatened to terminate me if I did not comply. Despite my requests to provide a written explanation and the reason for my leave, HR refused and barred me from entering the office.
On 30/05/2013, I received an office memo dated 16/05/2013, stating that I was expected to report to the branch by 21/05/2013. This was impossible as I only received the letter on 31/05/2013. Subsequently, they terminated my employment, citing unauthorized absence and failure to provide a proper explanation for my leave. I had, in fact, reported to the branch on 27/05/2013 and marked my attendance in the register. I had handed over all branch-related keys and informed my reporting manager and the Branch Head about the incident on 25/04/2013. However, they claim I did not inform them about my leave and proceeded to terminate me.
I have over 4 years and 8 months of work experience with this company, during which I have been a consistent performer, receiving regular salary hikes and increments. I have had no prior complaints or issues during my service.
Could you please advise if my termination without prior notice and office memo is justified? Can I take legal action against my HR for this?
Thank you and regards,
Balraj Singh
From India, Noida
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I need your help with a query. I kindly request your assistance, and I will be very grateful.
I am an employee in a private sector bank, and my current designation is Branch Operation Service Head. In April, due to unforeseen circumstances, I was absent from my service from 25/04/2013 to 26/05/2013. The reason for my leave was a false allegation made by a lady staff member from another branch. She claimed that we had been married for five years and were planning to remarry. The lady, who is already married and a mother of two, also falsely claimed to be a divorcee. She filed an FIR, leading to me being charged by the police and spending a month in judicial custody due to these false accusations.
On 20/04/2013, the respective Session judge granted me bail as the lady could not substantiate her allegations. However, she later complained to our HR team, resulting in HR pressuring me to resign without any notice or office memo. They threatened to terminate me if I did not comply. Despite my requests to provide a written explanation and the reason for my leave, HR refused and barred me from entering the office.
On 30/05/2013, I received an office memo dated 16/05/2013, stating that I was expected to report to the branch by 21/05/2013. This was impossible as I only received the letter on 31/05/2013. Subsequently, they terminated my employment, citing unauthorized absence and failure to provide a proper explanation for my leave. I had, in fact, reported to the branch on 27/05/2013 and marked my attendance in the register. I had handed over all branch-related keys and informed my reporting manager and the Branch Head about the incident on 25/04/2013. However, they claim I did not inform them about my leave and proceeded to terminate me.
I have over 4 years and 8 months of work experience with this company, during which I have been a consistent performer, receiving regular salary hikes and increments. I have had no prior complaints or issues during my service.
Could you please advise if my termination without prior notice and office memo is justified? Can I take legal action against my HR for this?
Thank you and regards,
Balraj Singh
From India, Noida
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You 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 are supporting the lady for false allegations.
Meet the lawyer and do not sign any paper in the company. They can't terminate you without giving any notice, and this is not a reason why the company would be able to terminate instantly.
From India, Mumbai
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38Meet the lawyer and do not sign any paper in the company. They can't terminate you without giving any notice, and this is not a reason why the company would be able to terminate instantly.
From India, Mumbai
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Hello Balraj Singh,
You mentioned that you received the memo dated 16/5/2013 on 31/5/2013. How was this delivered to you? By post, by courier, or by hand? If it was by post or courier, there should surely be a sent date-stamp on the cover. That will prove when it was actually sent to you -- irrespective of what date is mentioned on the memo.
Like the earlier member mentioned, the bank can't terminate you this way. It looks like they have pre-judged the issue, made up their mind to terminate you, and sent the memo late to ensure it reaches you after the joining date mentioned in the letter [21/5/2013]. Please consult a lawyer ASAP.
All the best.
Regards,
TS
From India, Hyderabad
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You mentioned that you received the memo dated 16/5/2013 on 31/5/2013. How was this delivered to you? By post, by courier, or by hand? If it was by post or courier, there should surely be a sent date-stamp on the cover. That will prove when it was actually sent to you -- irrespective of what date is mentioned on the memo.
Like the earlier member mentioned, the bank can't terminate you this way. It looks like they have pre-judged the issue, made up their mind to terminate you, and sent the memo late to ensure it reaches you after the joining date mentioned in the letter [21/5/2013]. Please consult a lawyer ASAP.
All the best.
Regards,
TS
From India, Hyderabad
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Dear Sir,
I received the memo on 31/05/2013 through speed post. The same was booked for delivery on 30/05/2013, and the letter is with me in a proper envelope where the speed post sticker is also available.
Thanks and regards,
Balraj Singh
From India, Noida
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I received the memo on 31/05/2013 through speed post. The same was booked for delivery on 30/05/2013, and the letter is with me in a proper envelope where the speed post sticker is also available.
Thanks and regards,
Balraj Singh
From India, Noida
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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 through the tension and delay in the process.
All the Best.
Rgds,
TS
From India, Hyderabad
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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 through the tension and delay in the process.
All the Best.
Rgds,
TS
From India, Hyderabad
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Dear Balraj,
What is understood from your narration is that 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 a 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 acknowledgment. That would have shielded you from your HR terminating you. Recognition of your efforts through yearly increments and salary hikes is a part of the 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 a past history of such incidents, from the company's point of view, it appears that as a defensive action, they acted in this manner. Don't lose your courage and don't get frustrated. Keep enough evidence and witnesses on your side to 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
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What is understood from your narration is that 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 a 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 acknowledgment. That would have shielded you from your HR terminating you. Recognition of your efforts through yearly increments and salary hikes is a part of the 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 a past history of such incidents, from the company's point of view, it appears that as a defensive action, they acted in this manner. Don't lose your courage and don't get frustrated. Keep enough evidence and witnesses on your side to 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
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The point of argument chosen by the lady is that both Balraj and she have been married for five years and suddenly declares this after such a long time. Why did she take such a long time if they are really married? Especially considering they are both employees of the same organization marrying each other. Is the organization blind to such important events? How are the parties involved in this issue 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 was she married before and from whom was she granted a divorce? If she is married to Balraj, then what has refrained her from disclosing the details to the organization before? Details are not evident.
One thing that may be considered by the senior members when addressing other members as male chauvinists is that it is objectionable because nobody spoke a word against the lady nor was it 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 their own view, which may not necessarily be for or against the parties involved in the case. As this is a 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
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One thing that may be considered by the senior members when addressing other members as male chauvinists is that it is objectionable because nobody spoke a word against the lady nor was it 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 their own view, which may not necessarily be for or against the parties involved in the case. As this is a 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
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Dear Madhusudhan,
Thank you for your valuable time. I asked my HR manager the same thing: if we were married five years ago, why did she not tell anyone in my or her family? Why did she not inform the HR department for their records? Why did she not include my caste in her name as per Hindu tradition? Why did she not use the title Mrs.? How did she suddenly remember our marriage after five years, just as I was about to get married?
It seems she only did this to create problems in my marriage, and the HR department is supporting her without asking her any questions. She is allowed to work in the organization without any scrutiny, and she continues to perform her duties in the office.
Thank you.
From India, Noida
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Thank you for your valuable time. I asked my HR manager the same thing: if we were married five years ago, why did she not tell anyone in my or her family? Why did she not inform the HR department for their records? Why did she not include my caste in her name as per Hindu tradition? Why did she not use the title Mrs.? How did she suddenly remember our marriage after five years, just as I was about to get married?
It seems she only did this to create problems in my marriage, and the HR department is supporting her without asking her any questions. She is allowed to work in the organization without any scrutiny, and she continues to perform her duties in the office.
Thank you.
From India, Noida
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Subject: Re: Gender Bias Discussion
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 made without considering or thinking about the lady who made such a claim or complaint.
How can a working lady (a co-worker), who is a divorcee and currently has two children, raise such a dispute without any reason?
However, no questions were raised regarding this matter.
Does it not imply that it has been assumed prima facie that working ladies or divorced ladies are likely to make such false claims even when a person has no involvement or connection to the issue?
Could you kindly explain what kind of attitude such acceptance implies?
It has also been assumed that the allegations are false, despite the fact that the person has been in judicial custody for a month as a result.
In fact, that was the reason I was expecting responses from female members; so they could provide a different perspective or new insight.
Furthermore, it is perplexing that under these circumstances, no complaint of sexual harassment in the workplace was lodged; instead, there is only a claim for legal status as a "wife." To me, this indicates the absence or lack of hostility. However, this aspect has not been further investigated.
I urge you to come forward with your explanations if you have more experience in such matters.
I also offer my apologies if I have offended you or others; I acknowledge that I lack experience in dealing with affairs concerning female colleagues, whether married, unmarried, divorced, with or without children, at the office.
I completely agree with your statement:
"Each person has their own perspective. This does not necessarily have to be for or against the parties involved in the case. As this is a professional forum for all members, regardless of seniority or juniority, to share their opinions, there should be no gender bias."
Madhusudan
This is what is expected from everyone; therefore, my views (and just the phrase "... reflect the typical male chauvinism.") should not be opposed or attacked.
Warm regards.
From India, Delhi
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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 made without considering or thinking about the lady who made such a claim or complaint.
How can a working lady (a co-worker), who is a divorcee and currently has two children, raise such a dispute without any reason?
However, no questions were raised regarding this matter.
Does it not imply that it has been assumed prima facie that working ladies or divorced ladies are likely to make such false claims even when a person has no involvement or connection to the issue?
Could you kindly explain what kind of attitude such acceptance implies?
It has also been assumed that the allegations are false, despite the fact that the person has been in judicial custody for a month as a result.
In fact, that was the reason I was expecting responses from female members; so they could provide a different perspective or new insight.
Furthermore, it is perplexing that under these circumstances, no complaint of sexual harassment in the workplace was lodged; instead, there is only a claim for legal status as a "wife." To me, this indicates the absence or lack of hostility. However, this aspect has not been further investigated.
I urge you to come forward with your explanations if you have more experience in such matters.
I also offer my apologies if I have offended you or others; I acknowledge that I lack experience in dealing with affairs concerning female colleagues, whether married, unmarried, divorced, with or without children, at the office.
I completely agree with your statement:
"Each person has their own perspective. This does not necessarily have to be for or against the parties involved in the case. As this is a professional forum for all members, regardless of seniority or juniority, to share their opinions, there should be no gender bias."
Madhusudan
This is what is expected from everyone; therefore, my views (and just the phrase "... reflect the typical male chauvinism.") should not be opposed or attacked.
Warm regards.
From India, Delhi
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Dear Shri Rajkumar,
I appreciate your logical thinking and welcome your point of view. Since this is a professional forum, I believe that what I write should not be misconstrued. As a senior person, you know very well that female members contemplate a lot before voicing their opinions, particularly in cases involving members of the same gender. It is, however, up to them whether to comment on such matters or not. My point is, without knowing the circumstances that led to the divorce claimed by the lady, facts cannot be established in this case. For me, it is not wise to comment on such matters.
However, I still feel that Balraj was sent to judicial custody based on a prima facie assumption by the court regarding the primary accusations leveled against him by the lady. Moreover, if the lady is filing a complaint on grounds of sexual harassment, it may result in some form of action against Balraj by the company, and in such a case, she would be at a disadvantage, contrary to the purpose she intended. Hence, she chose a different approach to attain the "wife" status. My intention is not to oppose or attack your viewpoint.
Best regards,
Madhusudan
From India, Vijayawada
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I appreciate your logical thinking and welcome your point of view. Since this is a professional forum, I believe that what I write should not be misconstrued. As a senior person, you know very well that female members contemplate a lot before voicing their opinions, particularly in cases involving members of the same gender. It is, however, up to them whether to comment on such matters or not. My point is, without knowing the circumstances that led to the divorce claimed by the lady, facts cannot be established in this case. For me, it is not wise to comment on such matters.
However, I still feel that Balraj was sent to judicial custody based on a prima facie assumption by the court regarding the primary accusations leveled against him by the lady. Moreover, if the lady is filing a complaint on grounds of sexual harassment, it may result in some form of action against Balraj by the company, and in such a case, she would be at a disadvantage, contrary to the purpose she intended. Hence, she chose a different approach to attain the "wife" status. My intention is not to oppose or attack your viewpoint.
Best regards,
Madhusudan
From India, Vijayawada
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