- This topic has 13 replies, 8 voices, and was last updated 1 year, 2 months ago by
.
-
Posts
-
-
SSo my friend used to work at a company wherein she was a victim of Sexual harassment and she after sometime filed a POSH complaint against the perpetrator. The management was on the side of the perpetrator and the committee was 3:1 in favour of the perpetrator. But due to the evidence ( which initially the committee denied accepting) the perpetrator was asked to leave.
Now months later, my friend the victim was given a termination letter citing misconduct. Misconduct on account of her raising her voice against a POSH committee member. But in reality my friend was at every step was coerced/ intimidated to sign the documents and nda for not speaking out. And she has the proof of the same committee member, trying to convince her to not file the case and scaring her of the consequences if she does.
Since she is wrongfully terminated here, what legal steps can she take, to get her employment letter, fnf and salary slip.
Can she file a case for discrimination since she was wrongfully terminated.
-
-
-
-
-
SBasically whoever disagrees with your friend deserve legal action. We require more details about this – what kind of evidence and how things transpire
-
-
SEdit: more context and details. NOT ENOUGH DETAILS-SORRY
Victim was a junior associate Perpetrator was part of the senior management
She reported to him and there were 2 instances of misconduct by him. In both the cases there are eye witnesses.
Therefore, the case was resolved in favour of the victim. With the perpetrator being asked to leave the organisation
-
-
-
AThe devil is in the details. Without very specific details of the case that are best discussed with a lawyer in person, any generic advice given online will be useless or, worse, misleading.
If it is a big firm, they would likely have lawyered up and done a risk assessment before deciding on the termination.
Go and speak to actual lawyers with experience in the field. It will probably require a long interactive session for them to flesh out the relevant facts.
-
SIt’s a startup and every few months they fire a percent of their staff. For right sizing, down sizing etc.
-
AI don’t know the specific facts, but it would be very easy for the company to claim that she was terminated for the same reason as the other employees who were terminated. It is discrimination only if she was singled out.
Filing a POSH complaint does not provide immunity against being affected by downsizing etc.
-
-
-
AThe devil is in the details. Without very specific details of the case that are best discussed with a lawyer in person, any generic advice given online will be useless or, worse, misleading.
If it is a big firm, they would likely have lawyered up and done a risk assessment before deciding on the termination.
Go and speak to actual lawyers with experience in the field. It will probably require a long interactive session for them to flesh out the relevant facts.
-
C*employment letter, fnf and salary slip.* These you will get even if terminated.
So basically management & POSH committee were initially reluctant to take action, but later due to evidence, they asked the accused to leave.
The second part of your story I am unable to understand. You need to explain more.
In India wrongful termination cases are difficult to prove. Even your company will have lawyers and they will come up with hundreds of fake reasons to have fired you.
,
-
-
