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Mantaly harassment by my team leader and dismissed from my job
08-Aug-2023 (In Labour & Service Law)
Dear sir mere team leader n mere area manager mujhe 10 days ki chutti nahi di joki Maine dist.hospital ke dwara 10 days ka bed rest likha tha wo fake bata kar mujhe job se resign dene ke liye daily torcher karte the resign na dene par mere records me mere khilaf likhne ki dhamki dete the n Maine unki voice recording rakkhi hai sir unhone mujhse 6-8-16 ko resign liwa liya n sir main job karna chahta hu but WO log mujhe bahut torched karte the.. So please sir kya un logo ke uper mantly harassment ka case banta hai kya meri service location robertsganj hai
Talk to the Offender
As unpleasant as it may sound, the first thing you should do is confront the person who is mistreating you. From a practical perspective, this is the best way to get the behavior to stop. And, legally speaking, putting the wrongdoer on notice will help you prove some important facts if you later file a lawsuit.
In a harassment case, for example, the employee complaining of harassment must prove that the behavior was unwelcome: in other words, that you did not like it, participate in it willingly, or otherwise find it to be no big deal. The best way to prove unwelcomeness later is to show that you told the harasser you were offended by the behavior.
If the situation doesn't improve, consider putting your concerns in writing. Keep a copy for yourself.
Make a Complaint Within Your Company
If your conversation doesn't resolve the problem -- or if you decided to skip the conversation altogether (for example, because you feared for your safety) -- the next step is to make an internal complaint. Check the employee handbook or ask your HR department how to file a harassment or discrimination complaint. Then, follow those instructions to the letter. (Again, keep or ask for a copy of the complaint for your files.)
By complaining, you are giving the company an opportunity to investigate and resolve the problem. But you are also preserving your legal rights.
In a harassment case, for example, your ability to hold the company liable (rather than just the individual person who harassed you) hinges on whether the company knew about, and had an opportunity to remedy, the harassment. If you are being harassed by a manager and the end result is a tangible job action against you (such as being fired, demoted, or denied a raise), the company will be liable. However, if you are being harassed by a coworker, or by a manager who doesn't take this type of work-related action against you, the company can claim that it did not know about the harassment. By making an internal complaint, you are changing that situation: The complaint puts the company on notice of the problem and makes it liable for fixing it.
In a discrimination case, making an internal complaint also puts the company on notice of the problem. If the company then fails to take effective action to improve the situation, you might have a stronger argument for punitive damages: damages intended to punish an employer for egregious behavior, which can be the largest part of a damages award in a discrimination lawsuit.
As unpleasant as it may sound, the first thing you should do is confront the person who is mistreating you. From a practical perspective, this is the best way to get the behavior to stop. And, legally speaking, putting the wrongdoer on notice will help you prove some important facts if you later file a lawsuit.
In a harassment case, for example, the employee complaining of harassment must prove that the behavior was unwelcome: in other words, that you did not like it, participate in it willingly, or otherwise find it to be no big deal. The best way to prove unwelcomeness later is to show that you told the harasser you were offended by the behavior.
If the situation doesn't improve, consider putting your concerns in writing. Keep a copy for yourself.
Make a Complaint Within Your Company
If your conversation doesn't resolve the problem -- or if you decided to skip the conversation altogether (for example, because you feared for your safety) -- the next step is to make an internal complaint. Check the employee handbook or ask your HR department how to file a harassment or discrimination complaint. Then, follow those instructions to the letter. (Again, keep or ask for a copy of the complaint for your files.)
By complaining, you are giving the company an opportunity to investigate and resolve the problem. But you are also preserving your legal rights.
In a harassment case, for example, your ability to hold the company liable (rather than just the individual person who harassed you) hinges on whether the company knew about, and had an opportunity to remedy, the harassment. If you are being harassed by a manager and the end result is a tangible job action against you (such as being fired, demoted, or denied a raise), the company will be liable. However, if you are being harassed by a coworker, or by a manager who doesn't take this type of work-related action against you, the company can claim that it did not know about the harassment. By making an internal complaint, you are changing that situation: The complaint puts the company on notice of the problem and makes it liable for fixing it.
In a discrimination case, making an internal complaint also puts the company on notice of the problem. If the company then fails to take effective action to improve the situation, you might have a stronger argument for punitive damages: damages intended to punish an employer for egregious behavior, which can be the largest part of a damages award in a discrimination lawsuit.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
Chat
Yes, aap unpe mental harassment ka case kar sakte hain. Case karne se pehle aap unse mental harassment compensation claim karne ke liye unko ek legal notice bhejiye and agar wo uska uttar nahi dete hain to aap unpe case daal sakte hain. what post you were holding in the company?
Helpful?
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