A Private Bank Employee associated for 6 years was terminated, alleged by Admin/HR of stealing money, a Mobile Charger belonging to the Employee, and a Hard Disk from a Department. However, the Employee denied the accusations, stating that the Mobile Charger belonged to him and he had not stolen any money. In the CCTV footage, the theft of the Hard Disk was not proven, but Admin/HR insisted that the Employee was seen counting money, even though it was not visible in the footage. The CCTV footage showed the Employee disconnecting the Charger from his desk and connecting it to his colleague's socket, who later reported it missing. Additionally, the Employee was seen opening a drawer, looking at something, and then closing it, which the Management interpreted as stealing money. A cause notice was issued by the Bank's HR for the Employee to attend a hearing. However, during the proceedings, only one HR person conducted the hearing and pressured the Employee to confess to the theft, even asking the Employee to repay the amount to the colleague. The Employee's defense in written communication claiming innocence was disregarded, and the HR did not allow any colleagues or the Line Manager to intervene. Moreover, the HR's behavior towards the Employee was disrespectful. This incident occurred in October 2012. Ultimately, the Employee was terminated with a full and final settlement. The Employee was transferred from Kolkata to Mumbai to the IT Department, although there was no written request for the transfer. Due to financial constraints, the Employee was unable to pursue legal action against the Bank. Can anyone advise whether this former Employee can file a legal case against the Bank from Kolkata at present? Would this legal action impact the Employee's future career prospects? Please advise.
From India
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From India
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As per my view it is too late to file a case after a period of 1 and half year, secondly do you have any evidence to prove your innocence
From India, Ahmadabad
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747From India, Ahmadabad
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Consult a lawyer and take his/her advice in this regard. In my view, without evidence, it is not fruitful to fight a legal battle after a period of 18 months. No one would hear your voice of truth; this is a mere fact. Only a good lawyer can suggest whether legal action is worth it or not.
Regards,
From India, Ahmadabad
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Regards,
From India, Ahmadabad
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Look at the facts of the case:
- There is no evidence available with the employee by which innocence can be proven.
- A year and a half has elapsed since the time the termination took place.
- Full and final settlement was made, indicating an acceptance on the part of the employee that all relationships have been terminated with the Bank.
- A mere claim of stating the truth and being innocent is not enough. Whether you like it or not, there has to be evidence that can prove the case.
On the other hand, it is unlikely that filing a case against the Bank will have an impact on your career. However, it will take up time, money, and effort on your part to take on an organization, which can be crippling over a period of time.
I would concur with Saji that while the case looks very weak, it might be best to consult a lawyer to determine whether it would make sense to fight legally. I would, however, sound a word of caution. Please be conscious of the facts of the case and do a realistic assessment lest you are taken for a ride by some unscrupulous legal adviser.
Regards,
Raju Bhatnagar
From India, Bangalore
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- There is no evidence available with the employee by which innocence can be proven.
- A year and a half has elapsed since the time the termination took place.
- Full and final settlement was made, indicating an acceptance on the part of the employee that all relationships have been terminated with the Bank.
- A mere claim of stating the truth and being innocent is not enough. Whether you like it or not, there has to be evidence that can prove the case.
On the other hand, it is unlikely that filing a case against the Bank will have an impact on your career. However, it will take up time, money, and effort on your part to take on an organization, which can be crippling over a period of time.
I would concur with Saji that while the case looks very weak, it might be best to consult a lawyer to determine whether it would make sense to fight legally. I would, however, sound a word of caution. Please be conscious of the facts of the case and do a realistic assessment lest you are taken for a ride by some unscrupulous legal adviser.
Regards,
Raju Bhatnagar
From India, Bangalore
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Dear Arun, the post is too late, but yes, it can be addressed. First of all, mark a complaint to the banking ombudsman with a claim that this act of the bank has ruined your career. Recently, you were interviewed somewhere, and the position was lost due to misinformation spread by bank officials. At that time, the cause of action would be revived, and then you may proceed with your complaint.
The next step is to move your complaint within the next 7 days to the CVO of the bank and the CVO in New Delhi (Centralized). You may reach me at [Phone Number Removed For Privacy Reasons]. Please be confident in whatever steps you wish to take. Good luck.
From India, Lucknow
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The next step is to move your complaint within the next 7 days to the CVO of the bank and the CVO in New Delhi (Centralized). You may reach me at [Phone Number Removed For Privacy Reasons]. Please be confident in whatever steps you wish to take. Good luck.
From India, Lucknow
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf