Want to file case against HR and Difference in Offered salary and in actual salary

I have worked in the finance department (US healthcare company) for 5 years. Due to some issues with HR, I have quit my job. HR has mentally tortured me because they want to take over charges of PF and ESI, which is mostly part of HR but in our company, it has been handled by the finance team. Due to this, they have started giving false statements to employees so that they can ruin my image in the office. I have already informed the same thing to my seniors, and they told me that they will take action, but they have just verbally warned HR. After giving the warning, they have started using abusive language in the cafeteria (in an indirect way) in front of other employees. Most of the time, I have ignored it, but when I realized that they will not stop doing this, I gave my resignation.

On my last working day, a consultant had called me for some work, and then he informed me that HR is spreading rumors that I am leaving my job due to an ex-HR executive, which is incorrect. I don't understand that if I am already leaving my job due to her unprofessional behavior, then why is she ruining my image after I leave this job?

After leaving my job, I was mentally disturbed and without thinking anything, I posted on social media about how I have trained an HR (who doesn't know anything about her work), and after learning all things, she started politics against me (because everyone in my office respects me for my good job).

At the time of giving resignation, I informed my seniors that I have got a new job because if I don't say that, they will not release me. Even HR has convinced my seniors that I am leaving my job due to the ex-HR executive.

Now, I have been jobless for the last month, and I am mentally sick because HR has tortured me for approximately a year. Now, I want to file a complaint against HR in the labor court because due to their behavior, I left my job.

I also have an additional point that before joining, they offered me a different salary, and after joining, they changed my salary structure, resulting in me receiving less salary. I know this is my fault because I did not compare my salary structure. But I noticed that point last year, and I also want the company to compensate me for the change in my salary structure.

So, I request you to please suggest what I should do in both cases. Thanks in advance for your valuable suggestions.

Dear Reeta,

The point-wise replies are as below:

a) If you have worked for five years in the company and if HR joined the company after you, how can HR be responsible for the salary difference (committed against actual) is not understood.

b) If HR was interested in handling work related to PF/ESI and management was not enthusiastic about it, you could have told HR to submit an application asking to enlarge the scope of her work. Why did you not do that?

c) It appears that you left the job in a fit of frustration or annoyance. However, this cannot be seen as a professional approach. Tensions from juniors, seniors, or peers are common, but managing them is part of professionalism.

d) If rumors are being spread about the cause of your exit, just ignore them.

e) If HR was "torturing" you, why did you not file a complaint against her with top management? What efforts did you make to settle the issue in-house? You mentioned, "After giving a warning, they started using abusive language in the cafeteria (indirectly) in front of other employees. Most of the time I ignored it, but when I realized they would not stop, I resigned." If so many things happened, why did you stay silent? Why did you not approach this forum at that time?

f) Regarding approaching the labor court (or civil court), it may not be feasible without proper proof of harassment. What proof do you have?

g) You mentioned internal matters of the company on social media. What was the need to do so? Why could you not show restraint? Why air dirty laundry in public? What if the company files a complaint against you for maligning its image?

You could have approached this forum during the harassment. Why did you wait until after leaving the job? By the way, before leaving, have you submitted Form-1 to claim gratuity?

Anyway, at this stage, I recommend closing this chapter and moving on. Start looking for a new job vigorously.

Thanks,
Dinesh Divekar

Thank you, Divakar Sir, for your suggestion. I know I have made some mistakes that should not have been done. However, it's human nature that when people are unable to think properly, they make mistakes.

Following are my replies to your suggested points:

A) At the time of my joining, there was a different HR team. I know this is not logical, but our salary structure is a bit complicated because they show the Fixed Cost to Company (FCTC) to employees. Many employees, especially those who have been working for more than 10 years, have doubts about the salary structure. They often complain that we are paying them after deducting various amounts. We have tried to convince senior management to change the salary structure, but they have denied it. In that case, maybe they are doing it purposely. Due to differences in the basic salary, all my payouts related to the basic have been impacted. That's why I want to claim that amount. If it's possible, then I will go ahead; otherwise, there is no problem.

B) Our owners live in the USA and visit India 2 or 3 times a year for 15 to 20 days. HR did not inform them that they wanted to take overcharge; they planned it internally. I was not aware of it, and I had sent an email to the owner about the handover. After that, my Reporting Officer (RO for both HR and Finance) was angry that I had sent the email to the owners without consulting him. Finally, I handed over all responsibilities because I already had too much work. The most important point is that HR filed a complaint against our RO (Common RO) to the owner, alleging that he had created misunderstandings between HR and Finance, which led to our RO resigning.

C) I know I left the job due to frustration, but I tried to resolve it, which did not happen. A year ago, both members of my team left their jobs, and I was handling the team individually. The same situation was in the HR team, where after the HR manager left, only one person was handling the team. The company did not appoint anyone due to cost-cutting. The company also started changing vendors for competitive pricing. After changing vendors, we found mistakes in every invoice, and when we questioned it, the HR team started arguing. I informed the owner about it, and they also noticed the same issues but couldn't address them directly because the HR individual blamed every mistake on the new HR executive. Sometimes we had to stop payments, but due to the HR mistakes, we couldn't hold payments for long. In short, this is a corruption case, and due to my findings, they are facing problems, which is why they are causing issues.

D) I agree.

E) I have sent many emails to my owner, and they told me they are working on it, so I should ignore it. However, how many times can I ignore it? The last time they called and said, "Wherever we go, dogs bark at us... One day, they will run us over with a car." I also informed my owner about it, but after discussing it with HR and others, they denied using those words. I previously tried to file a complaint following the company's internal policy, but I thought that if I filed a complaint against HR, it would affect their reputation in front of other employees, which is why I ignored it.

F) I still have no evidence, but I have written emails to my owners, so they have records.

G) I know I have made mistakes, but I have not written anything about the company because I have no issue with the company. I have received my gratuity with my Full and Final settlement. I also want to close this chapter, but I have faced many problems, and they are tarnishing my image, which is why I want to file a complaint so that they do not do the same to others.

"I also want to close this chapter, but I have faced so many problems that are ruining my image. That's why I want to file a complaint so that they will not do the same with other people.

Stop worrying about other people being targeted. Every individual handles issues differently. By filing a legal complaint/case, you are going to lose mental peace by reliving bad experiences, spending your savings and time on lawyers/courts etc. Move on with your career and analyze your own mistakes in the whole case. Self-introspection with a genuine intent to change/improve will do wonders.

These challenges happen in life, and a positive approach will make you more confident and capable. Rest assured a suitable job will come your way. In private enterprise jobs, it is always important to have a suitable nest egg of savings that will tide you over periods of no job or other crises. Focus on getting a new job. Invest your present time in skill enhancement by joining suitable courses (instead of spending the same amount on lawyer fees).

Posting anything on social media about employment issues has to be avoided. This is the first lesson for all employees. Please take the advice in a positive spirit and move on. The future is waiting, and the past is a closed chapter. The advice of the learned poster Shri Dinesh is correct. I hope you take this advice in the right spirit."

Dear Ms. Reeta,

It is better to ignore things once you have resigned. Take it as "you have closed the chapters" and forget the past; focus on the future. If it is difficult to forget because I am unable to understand the agony you are facing, it is suggested to send a legal notice through an advocate to the concerned HR person to stop spreading rumors and for their past behaviors with proof. It will give you mental solace only, and you are not going to get any material benefit out of this. All the best for future endeavors.

Dear Madam,

One can only sympathize with you. Possibly, some wrong has been done, and it is very natural for you to feel deeply hurt to the extent that it is driving you to teach a lesson to the HR person who has inflicted injury to your ego.

BUT THINK OF THE END RESULT IF YOU MOVE FORWARD ON THE CONTEMPLATED LEGAL BATTLE IN THE ABSENCE OF CLINCHING EVIDENCE. Just some email correspondence will be of little help in proving behavioral aberrations. I honestly believe that you do not have very strong evidence against the HR person to move legally against. However, now that you have resigned, you can send a well-drafted and legally tenable letter to the powers that be, giving the entire sequence and perspective which led you to resign and appeal to them to take corrective actions in the larger interest of the company's reputation.

I share the same view as some senior colleagues that you should concentrate more on getting a job than going after a futile legal battle.

Regards,
Vinayak Nagarkar
HR Consultant

My dear friend,

I feel sorry for the plight you have undergone in your career. You want to take legal action against your employer, but on what? You have not mentioned your designation, salary, etc. Section 2(s) of the ID Act very clearly mentions the definition of workmen. The terms of appointment are also very important. Under the contract of appointment, the management might have paid you the emoluments. Before signing the offer letter, you could have clarified any doubts about the clauses. Did you approach your superiors politely regarding your grievances? Do you have documents/correspondence as proof of your case?

You can approach the civil court under Section 14 of the Special Relief Act. However, it will take time and be expensive. Once a future employer knows about your attitude towards employers, they may not hire you. They will seek background information from your past employers.

As my friends suggested, forget the past and focus on your future. Be positive in your approach and prove your worth to your employers. No employer would like to lose a hardworking, dedicated, devoted, and competent employee. They hire such employees not only for their growth but also for the growth of the employee and to maintain good employee-employer relations.

This is based on my 44 years of experience.

Thank you,
G.K. Manjunath
Special Officer (HR)

I think you need to first manage yourself and understand what went wrong within you or your own mistake in the entire episode. Because it sounds like the entire world is targeting me. With such limited evidence, you won't get far enough in legal action because you don't have much proof and witnesses. Also, the person who told you about rumors, is he Harishchandra? So, move on.

Thanks to all seniors for giving me a positive response with great knowledge and valuable suggestions. I understand all things deeply and I will follow them. And special thanks to Mr./Ms. "ANONYMOUS" who thinks that they know the whole story very well without knowing anything. That's why they suggest that I need to find out my mistakes. Actually, if I was unaware of my mistakes, then I would not ask for others' opinions, but I know them very well.

There is no issue about Harishchandra or anyone else. I know who is telling a lie without knowing the facts. If I were to blame anyone, I would face problems in the near future. I have closed this chapter before your valuable suggestions. So, thanks a lot.