Reg. Workplace mental harassment, eventually pressurizing to quit
I have 10+yrs of IT experience on the delivery side and after finishing my MBA, I joined a company in Bangalore (Unisys) on 22nd Feb 2016. There were multiple rounds of interview by my reporting manager himself and the role was that of Product manager. My manager is at the level of Director in the company.
During interview I had clarified that I am not from product management or Sales/Marketing background but I do believe that after MBA I will be able to take up the role match up to the expectations. Before accepting the offer, he didn't tell me what my performance level should be after 1-2 months of taking up the job. From 2nd week of my joining itself, my manager started giving me negative feedback on my work, insulting me in front of others, comparing me with peers who have been working for last 2-3 yrs, dragging other unrelated things like salary, firings happening in company, how fortunate I was to get this job etc into our discussions and tried his best to intimidate me.
Initially I was taken aback by seeing such nature of my manager and when such incidents started happening repeatedly I got traumatized and the mental harassment suffered by me bought down my performance. Then my manager started putting pressure on my to voluntarily quit the company.
Now I have put down by paper on being threatened that if I don't do then I will be put in Performance improvement notice and that will be detrimental for my career once I eventually leave the company.
I like to know if there is any legal help I can get considering the above situation. My grievance is that my career is seriously impacted and future uncertain due to a hasty and wrong hiring decision of my manager. He should have ideally taken a person from a similar background for the job as the stakes involved were very high and there was very less time to scale up to the position. Due to his fault, was it fair and ethical on his part to mentally torture me and ask me to leave on performance grounds.
Asked in Business Law from Bangalore, Karnataka
1) you should not have submitted your resignation
2) let your employer place you in performance improvement programme
3) if your resignation has not been accepted with draw your resignation .
4) you can complain to MD against the manager for insulting you in front of other employees
and forcing you to submit your resignation
The acts of manager is illegal and against the norms of the labor law.
If he finds your performance to come down, he has to initiate proper legal action as per rules of the company or the conditions of the employment offer letter.
He cannot force you to quit or can give tortures and mental pressures in this regard.
If he still continues to torture you, you may report this matter to the higher office in writing after which you can try to initiate legal action as per law.
Hi, For mental harassment at the work place you have to lodge a police Complaint against your manager.
I saw your response on my situation and thanks for the same.
To my understanding, my case is of wrong role-fitment and once the manager realized his mistake he is trying to attribute my poor performance as the reason for his actions. I will be meeting the company's Ethics office next week to put forward my grievances.
Now that I have officially resigned and got the separation mail (but I have not acted on it) is there any legal course that I can take against the manager's unethical behavior towards me or ask court's intervention in extending my notice period (usually its 1 month salary), considering my situation.
Awaiting your advice/suggestions.
Asked 12 months ago
1) Your resignation has been duly accepted by organisation
2) court will not intervene and extend your notice period
You first exhaust the remedies within by issuing a legal notice demanding redressal of your grievances, if their reply is not satisfactory, you may drag them to court.
Hi, it is very difficult to get the Court intervention in your facts and Circumstance of the case.
you can file defamation case and also file a case before the labour tribunal for compensation. but it can take time to decide and your future may be affected so you should amicably settle this issue with intervention of senior officer of the company.