- This topic has 16 replies, 13 voices, and was last updated 1 year, 3 months ago by
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F[part 1]: [https://www.reddit.com/r/LegalAdviceIndia/comments/1iutjbl/someone_in_my_company_filed_a_complaint_against_me/](https://www.reddit.com/r/LegalAdviceIndia/comments/1iutjbl/someone_in_my_company_filed_a_complaint_against_me/)
after reaching out to a few industry experts who deal in such cases, I request the company to make some amends to the existing NDA.
– allow to collect data (meetings, email, written statements, recordings, screenshots, etc)
– ability to use this data in a labor court if the decision feels unjust
– keep my legal advisory informed with all the details
(obviously more professionally worded)
I had also informed my manager & skip-level manager regarding this and they were completely in shock.
they asked me to take a few days off so I can get this sorted.
surprise surprise, I got knocked with a PoSH complaint today.
I was assuming this was related to the first complaint & reached out to the HR, they were like “these are 2 different issues, you’ll have to treat them separately”.
The PoSH complaint did however have all the details of who, what, where and when.
odd thing here is that both the complaints were raised on the same day by 2 different people (I am assuming 2 people here because I still do not have knowledge of who made the first complaint).
the PoSH complain refers to an incident that was over a month old.
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IA month old incident suddenly becoming a posh case the very same day an unrelated complaint is filed. Sus. Definitely not unrelated
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HPeople stand up when they see somebody else standing up too. Common in POSH cases.
POSH is independent and has the rights to investigate like a civil court. So let them investigate if it is so ‘sus’. If it is false, OP should get out of it easily and if the complaint was false, then the committee can take action on the complainant too.
Honestly, this is too much work to fire a techie from a mid size org. Didn’t have to go this far unless they really had a case.
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I>People stand up when they see somebody else standing up too. Common in POSH cases.
I see. Thanks for correcting me
>Honestly, this is too much work to fire a techie from a mid size org. Didn’t have to go this far unless they really had a case.
Yeah, if firing him is the only goal they can simply pip him out.
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HIs the matter related to same incident? Sometimes what happens is that same incident is reported twice, one as ethics or other violation and once as PoSH. It. Might be due to several reasons – there were two complainant observing the same incident, and one decided it was sexually offensive while other did not; the person filed a normal complaint, and the investigator/HR found that the offense was sexual in nature, and hence directed them to file PoSH one (since only a IC created strictly as per the law can investigate PoSH complaints in India) – in this case the non-Posh might be closed in a bit mentioning the incident is being investigated by IC.
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CEither the company or some group of colleagues are trying to get you fired. Use your advocate to respond!
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