Dear Experts,
I am working as an AVP at an MNC Bank. I have been subjected to humiliation, mental, and sexual harassment since I joined. I have escalated this issue several times. As a result, the HR department colluded with senior officials and conducted an unfair appraisal. I was pressured to either accept the rating or face consequences.
I was unlawfully confined to a meeting room and threatened for almost 3 hours. I had to call 100 for help, and they eventually let me go.
I escalated the matter to the topmost officials and was instructed to stay at home pending investigations. Later, I was called for a meeting where no discussions on the escalation took place; instead, I was informed that HR was there to assist. I requested support either in transferring me to another department or, if resignation was necessary, to extend help in prolonging the notice period until I secure another job. Although there was verbal agreement, they refused to commit anything in writing. I documented the conversation and received a text message response asking me to resign first before reviewing the discussion points.
While waiting for their response, I suddenly received a couriered termination letter dated February 28th, effective the same date. The contract allows the company to terminate without stating a reason, but I have not violated any company policies. In fact, I have been a victim of mistreatment throughout.
Please advise if I can challenge the termination and pursue legal action.
Thank you.
From India, New Delhi
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10I am working as an AVP at an MNC Bank. I have been subjected to humiliation, mental, and sexual harassment since I joined. I have escalated this issue several times. As a result, the HR department colluded with senior officials and conducted an unfair appraisal. I was pressured to either accept the rating or face consequences.
I was unlawfully confined to a meeting room and threatened for almost 3 hours. I had to call 100 for help, and they eventually let me go.
I escalated the matter to the topmost officials and was instructed to stay at home pending investigations. Later, I was called for a meeting where no discussions on the escalation took place; instead, I was informed that HR was there to assist. I requested support either in transferring me to another department or, if resignation was necessary, to extend help in prolonging the notice period until I secure another job. Although there was verbal agreement, they refused to commit anything in writing. I documented the conversation and received a text message response asking me to resign first before reviewing the discussion points.
While waiting for their response, I suddenly received a couriered termination letter dated February 28th, effective the same date. The contract allows the company to terminate without stating a reason, but I have not violated any company policies. In fact, I have been a victim of mistreatment throughout.
Please advise if I can challenge the termination and pursue legal action.
Thank you.
From India, New Delhi
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Dear friend,
What has happened to you is quite unfortunate. The fact that these things occur in a multinational corporation exposes their dark underbelly.
As of now, what do you want from us? The Assistant Vice President (AVP) is a fairly senior position. How did you not perceive the undercurrents of hostility? You may challenge the termination. However, what evidence do you have to prove that the termination was unfair? Everything hinges on the evidence. Consider reaching out to a good labor lawyer; this is the only suggestion that can be given.
All the best!
Dinesh Divekar
From India, Bangalore
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What has happened to you is quite unfortunate. The fact that these things occur in a multinational corporation exposes their dark underbelly.
As of now, what do you want from us? The Assistant Vice President (AVP) is a fairly senior position. How did you not perceive the undercurrents of hostility? You may challenge the termination. However, what evidence do you have to prove that the termination was unfair? Everything hinges on the evidence. Consider reaching out to a good labor lawyer; this is the only suggestion that can be given.
All the best!
Dinesh Divekar
From India, Bangalore
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Thank you, sir, for the prompt response. Yes, I did experience the hostility. Unfortunately, the company has a legacy where a lot of people have been ill-treated. In fact, there has been a police case by another employee in the past against the 2 SVPs.
As for evidence, I have the following:
1. All emails to HR minutes detailing the discussions I had with them or my supervisors.
2. I had a panic attack at work due to the harassment. They rushed me to the hospital. So the medical records of the same.
3. My medical leave letter that they sent due to the above.
4. My mid-year appraisal that was decent.
5. They shared the objectives on which the appraisal was to be conducted on the eve of the final appraisal. I requested via email that this be discussed as I had no clarity on most objectives.
6. Call to 100 (police helpline) that I made from office premises when they unlawfully confined me.
7. Escalation email to the chairman and other senior officials.
8. Meeting minutes after my discussion with the investigation team. It is a different thing that they were not acknowledged.
9. Text messages exchanged with the above personnel (He is an SVP HR and was here in Gurgaon to investigate my allegations).
10. My complaint at NCW, dated 7th Feb 2014.
The termination is sudden with no discussion, revert on my requests for support, report on the investigation, or warning. This can jeopardize my career and is damaging to my reputation.
I would like to know if I can refuse to accept the termination, asking for reasons for it? If I file an FIR and sue the company under criminal sections, is my case strong enough? What labor laws are applicable to me? Can I sue them for unfair termination? Can I demand an apology? Can I sue them for damages? What other legal actions can be taken?
Regards
From India, New Delhi
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As for evidence, I have the following:
1. All emails to HR minutes detailing the discussions I had with them or my supervisors.
2. I had a panic attack at work due to the harassment. They rushed me to the hospital. So the medical records of the same.
3. My medical leave letter that they sent due to the above.
4. My mid-year appraisal that was decent.
5. They shared the objectives on which the appraisal was to be conducted on the eve of the final appraisal. I requested via email that this be discussed as I had no clarity on most objectives.
6. Call to 100 (police helpline) that I made from office premises when they unlawfully confined me.
7. Escalation email to the chairman and other senior officials.
8. Meeting minutes after my discussion with the investigation team. It is a different thing that they were not acknowledged.
9. Text messages exchanged with the above personnel (He is an SVP HR and was here in Gurgaon to investigate my allegations).
10. My complaint at NCW, dated 7th Feb 2014.
The termination is sudden with no discussion, revert on my requests for support, report on the investigation, or warning. This can jeopardize my career and is damaging to my reputation.
I would like to know if I can refuse to accept the termination, asking for reasons for it? If I file an FIR and sue the company under criminal sections, is my case strong enough? What labor laws are applicable to me? Can I sue them for unfair termination? Can I demand an apology? Can I sue them for damages? What other legal actions can be taken?
Regards
From India, New Delhi
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You can go to court against the MNC Bank contesting your unlawful termination.
Further, you mentioned that you were subjected to sexual harassment. In case you have the proofs, you can file an FIR with the Police under the law against Sexual Harassment and proceed as per the law.
However, it will be better if you can seek advice from a Lawyer who will give you an opinion based on the actual documents and facts. As you have made a complaint to NCW, you should also seek the opinion of their experts.
From India, New Delhi
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Further, you mentioned that you were subjected to sexual harassment. In case you have the proofs, you can file an FIR with the Police under the law against Sexual Harassment and proceed as per the law.
However, it will be better if you can seek advice from a Lawyer who will give you an opinion based on the actual documents and facts. As you have made a complaint to NCW, you should also seek the opinion of their experts.
From India, New Delhi
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Firstly, you have to go to the police station with all these proofs. It's better if you go with an advocate. As per my understanding, you didn't get any support from the management side. Better not to work with them hereafter. But you can legally move against the company so that they may come to your path because companies don't want to spoil their goodwill.
Be confident. May God guide you on the right path.
From India
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Be confident. May God guide you on the right path.
From India
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Well, your case seems very unfortunate. I have never heard of such an extent of hostility from an MNC bank.
Reading your case, here is my advice.
Firstly, please check if there are any loopholes on your side (related to performance, behavior, discipline, etc.). If your side is clean, then you have a case.
What is not clear is how long you worked there (hopefully 3 months or more). You have also mentioned sexual harassment, but from your claim, it is not evident.
Remember, the police will do nothing as it's a civil matter.
In my opinion, you need to first strongly discuss with your current employer about a decent severance pay and a proper relieving letter.
Also, you can ask to justify or provide a proper reason for the termination. If they don't reply, then an RTI can be filed. Although it's subjective, your employer can refuse to give a reason stating it's a trade secret, but it will put pressure on them.
Since it's an MNC bank, you can also try reaching out to your global HR team. If it is a European bank, I am sure they would be very sensitive towards employee harassment issues.
Start building a series of communications with your current employer as well as the global team. Try to sound professional in your email communication and be punctual with regular follow-ups. I am sure you will not hear a proper acceptable reply from your employer.
In the meantime, consult a lawyer dealing with such employee-dispute-related matters. Also, go and visit the office of the respective labor commissioner in your area.
After you have done all this, you can serve them a legal notice and drag them to court.
But remember (in my view), the court will help you get decent compensation, but if you have already received the same through your F&F, then the whole exercise may not be that productive.
But you can consult a lawyer and examine what you want. Also, you can lobby with other employees who have been victims of the same exploitative work culture.
Also, don't accept the termination, ask for the reason, and start following up through email communication.
In the end, don't lose hope...don't think too much about this episode that you lose sight of your career ahead.
From India, Delhi
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Reading your case, here is my advice.
Firstly, please check if there are any loopholes on your side (related to performance, behavior, discipline, etc.). If your side is clean, then you have a case.
What is not clear is how long you worked there (hopefully 3 months or more). You have also mentioned sexual harassment, but from your claim, it is not evident.
Remember, the police will do nothing as it's a civil matter.
In my opinion, you need to first strongly discuss with your current employer about a decent severance pay and a proper relieving letter.
Also, you can ask to justify or provide a proper reason for the termination. If they don't reply, then an RTI can be filed. Although it's subjective, your employer can refuse to give a reason stating it's a trade secret, but it will put pressure on them.
Since it's an MNC bank, you can also try reaching out to your global HR team. If it is a European bank, I am sure they would be very sensitive towards employee harassment issues.
Start building a series of communications with your current employer as well as the global team. Try to sound professional in your email communication and be punctual with regular follow-ups. I am sure you will not hear a proper acceptable reply from your employer.
In the meantime, consult a lawyer dealing with such employee-dispute-related matters. Also, go and visit the office of the respective labor commissioner in your area.
After you have done all this, you can serve them a legal notice and drag them to court.
But remember (in my view), the court will help you get decent compensation, but if you have already received the same through your F&F, then the whole exercise may not be that productive.
But you can consult a lawyer and examine what you want. Also, you can lobby with other employees who have been victims of the same exploitative work culture.
Also, don't accept the termination, ask for the reason, and start following up through email communication.
In the end, don't lose hope...don't think too much about this episode that you lose sight of your career ahead.
From India, Delhi
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Dear All,
I sincerely appreciate your responses. It has given me some hope and confidence as I have been extremely distraught due to the whole incident. Below are some more details:
1. It has been a year since I started working here.
2. My record has been clean in terms of behavior, discipline, or company policies, etc.
3. I escalated to HR when the hostility became unbearable by the department head.
4. Bullying has been to the level that we were asked not to be seen with the friends of our choice.
5. The senior VP who started bullying me has a police record against her in the past for intimidating and torturing another employee. I contacted her, but she refused to help.
6. I have records of all the emails that I have written to HR to seek help.
7. I reached out to the chairman and the current CEO at the group level who sit at Global HQ but received no response from them.
8. Senior HR in India reached out to me and assured a proper investigation. But they did not revert with any findings or discuss anything with me.
9. It has been over a month since I had a meeting with them. While they seemed compassionate on the surface, they have sent the letter of termination and given me 3 months' salary in lieu already. I was entitled to an annual bonus in March, but due to termination, they have not given that too.
10. I have spoken to a lawyer, but I want to make sure my case has some merit so that it is worth fighting for.
11. Sexual harassment was verbal, like asking my age, giving me compliments, getting into my personal life, etc., by my male boss.
Regards
From India, New Delhi
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I sincerely appreciate your responses. It has given me some hope and confidence as I have been extremely distraught due to the whole incident. Below are some more details:
1. It has been a year since I started working here.
2. My record has been clean in terms of behavior, discipline, or company policies, etc.
3. I escalated to HR when the hostility became unbearable by the department head.
4. Bullying has been to the level that we were asked not to be seen with the friends of our choice.
5. The senior VP who started bullying me has a police record against her in the past for intimidating and torturing another employee. I contacted her, but she refused to help.
6. I have records of all the emails that I have written to HR to seek help.
7. I reached out to the chairman and the current CEO at the group level who sit at Global HQ but received no response from them.
8. Senior HR in India reached out to me and assured a proper investigation. But they did not revert with any findings or discuss anything with me.
9. It has been over a month since I had a meeting with them. While they seemed compassionate on the surface, they have sent the letter of termination and given me 3 months' salary in lieu already. I was entitled to an annual bonus in March, but due to termination, they have not given that too.
10. I have spoken to a lawyer, but I want to make sure my case has some merit so that it is worth fighting for.
11. Sexual harassment was verbal, like asking my age, giving me compliments, getting into my personal life, etc., by my male boss.
Regards
From India, New Delhi
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Are we not all subjected to unjust, unfair, and unreasonable treatments by the persons in authority at one time or another? Depending upon the seriousness of the situation, we decide either to adapt or quit. The other alternative is to fight. For this alternative, one has to assess the probability of success, loss, and possible gain.
So far as the third alternative is concerned, no evidence is absolute. The same facts and law can be interpreted in any way as the justice provider pleases. Therefore, with the facts and law remaining the same, interpretation can be anything as the interpreter lordship pleases.
Therefore, you are the best judge of yourself, but if you err, you will be ditched, and none can help. Best of luck for an error-less decision at this juncture.
From India, Delhi
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So far as the third alternative is concerned, no evidence is absolute. The same facts and law can be interpreted in any way as the justice provider pleases. Therefore, with the facts and law remaining the same, interpretation can be anything as the interpreter lordship pleases.
Therefore, you are the best judge of yourself, but if you err, you will be ditched, and none can help. Best of luck for an error-less decision at this juncture.
From India, Delhi
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Dear Ra_ag,
It seems you have been a victim of a bullying boss. You can surely take up this matter with the company.
I remember a case where employees forced HR to either face a legal notice or terminate the bullying boss. Finally, the boss was transferred.
In your case, HR seems compassionate, and your F&F is already done, so you can decide accordingly on what you want.
Do you want to move ahead or teach them a lesson?
Your VP boss was a lady, and you also faced sexual harassment from your male boss. You would have details of calls made to the police control room for unethical confinement in the office. If the timing was late, then it makes your case even more solid.
You can definitely file a case against your male boss as complimenting a female colleague, etc., is a kind of sexual harassment.
You have nothing to lose now. Take a strong stand with your HR/top leaders. Try to involve other employees who have faced similar problems.
Firstly, decide what you want.
Then try to pool other employees, consult a good advocate, collate all proofs, and build your case by sending emails to your top bosses. Check with your advocate about lodging a complaint for sexual harassment. If that goes through, I can assure you your boss will fall on your knees begging. Try visiting the office and meeting the labor commissioner. Record all your conversations that happen with your employees.
Please pick your battles thoughtfully and consider what you want.
Kind regards,
[Your Name]
From India, Delhi
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It seems you have been a victim of a bullying boss. You can surely take up this matter with the company.
I remember a case where employees forced HR to either face a legal notice or terminate the bullying boss. Finally, the boss was transferred.
In your case, HR seems compassionate, and your F&F is already done, so you can decide accordingly on what you want.
Do you want to move ahead or teach them a lesson?
Your VP boss was a lady, and you also faced sexual harassment from your male boss. You would have details of calls made to the police control room for unethical confinement in the office. If the timing was late, then it makes your case even more solid.
You can definitely file a case against your male boss as complimenting a female colleague, etc., is a kind of sexual harassment.
You have nothing to lose now. Take a strong stand with your HR/top leaders. Try to involve other employees who have faced similar problems.
Firstly, decide what you want.
Then try to pool other employees, consult a good advocate, collate all proofs, and build your case by sending emails to your top bosses. Check with your advocate about lodging a complaint for sexual harassment. If that goes through, I can assure you your boss will fall on your knees begging. Try visiting the office and meeting the labor commissioner. Record all your conversations that happen with your employees.
Please pick your battles thoughtfully and consider what you want.
Kind regards,
[Your Name]
From India, Delhi
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