This has happened to my brother working in the US on an H1B visa. One of his coworkers is openly a white supremacist and a troubled person at work. He was always paranoid at work and kept on making comments that tech billionaires and CEOs engage in some bizarre rituals, destroying America offshore. He has also engaged in friendly debates with my brother under the pretext of enlightening him, which my brother tried to avoid but never reported to anyone. One day, this coworker shared a site through instant messenger for my brother to read, which he thought was a news website. Unknowingly, he trusted his coworker and opened it on a client asset, which got flagged as hate speech, though the site itself was blocked by them.
A week later, the information security team found that there were 4 hits from his asset to a site flagged as hate speech, and they immediately locked his ID. HR initiated an investigation, and my brother truthfully admitted to trying to open the site, expecting a lighter penalty. However, he also told them it came from the coworker, which they did not believe since it wasn't reported until it was discovered. He tried to convince them by explaining that the site was already blocked, so it didn't occur to him to question it, as work sites are sometimes blocked erratically, and he never had a chance to read what it was about before moving on.
The coworker had only joined 6 months prior and had a troubled past with the organization, having been previously let go due to a minor workplace altercation. My brother had been with the same company and client for 9 years, with a good rating, remarks, and client appreciations. However, they chose to ignore this due to their zero-tolerance policy and terminated him for cause without giving him a chance to resign. It took them 5 months from the time of the event to close the investigation and terminate him. In the meantime, he was given a pay rise and promotion. HR informed him on December 21st that he was being terminated for cause, while also conducting layoffs, but the coworker was not one of them. It is suspected that the coworker may have manipulated the situation to save his own job, as my brother and he were a 2-member team, making it an either/or scenario. Additionally, it appears that HR used this incident as a reason to meet year-end targets and save on severance packages.
He received a vague relieving letter confirming his employment but was not provided with an experience letter. They insisted that any background verification would mention the involuntary separation but not disclose the reason. Despite multiple attempts to contact HR for the experience letter, they were unresponsive. He wonders if there is a way to obtain it, as 9 years of experience are at risk due to this event, leaving him devastated and struggling to recover. The company is one of the top 5 service providers in India, where I also work as a Senior Manager. Is there a way to obtain the email addresses of HR heads or speak on his behalf since HR managers are not responding to his queries? Alternatively, are there any legal remedies available in this situation? Any advice on this matter would be greatly appreciated.
From India, Chennai
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A week later, the information security team found that there were 4 hits from his asset to a site flagged as hate speech, and they immediately locked his ID. HR initiated an investigation, and my brother truthfully admitted to trying to open the site, expecting a lighter penalty. However, he also told them it came from the coworker, which they did not believe since it wasn't reported until it was discovered. He tried to convince them by explaining that the site was already blocked, so it didn't occur to him to question it, as work sites are sometimes blocked erratically, and he never had a chance to read what it was about before moving on.
The coworker had only joined 6 months prior and had a troubled past with the organization, having been previously let go due to a minor workplace altercation. My brother had been with the same company and client for 9 years, with a good rating, remarks, and client appreciations. However, they chose to ignore this due to their zero-tolerance policy and terminated him for cause without giving him a chance to resign. It took them 5 months from the time of the event to close the investigation and terminate him. In the meantime, he was given a pay rise and promotion. HR informed him on December 21st that he was being terminated for cause, while also conducting layoffs, but the coworker was not one of them. It is suspected that the coworker may have manipulated the situation to save his own job, as my brother and he were a 2-member team, making it an either/or scenario. Additionally, it appears that HR used this incident as a reason to meet year-end targets and save on severance packages.
He received a vague relieving letter confirming his employment but was not provided with an experience letter. They insisted that any background verification would mention the involuntary separation but not disclose the reason. Despite multiple attempts to contact HR for the experience letter, they were unresponsive. He wonders if there is a way to obtain it, as 9 years of experience are at risk due to this event, leaving him devastated and struggling to recover. The company is one of the top 5 service providers in India, where I also work as a Senior Manager. Is there a way to obtain the email addresses of HR heads or speak on his behalf since HR managers are not responding to his queries? Alternatively, are there any legal remedies available in this situation? Any advice on this matter would be greatly appreciated.
From India, Chennai
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If the poster's brother feels that his termination was wrongful, he can seek recourse under specific State Labor Law in the U.S.A.
I understand that some states in the U.S. adopt the policy of "Employment at Will." In that case, it will be challenging to build a case. However, I believe that he can request an experience certificate from the employer.
Any other members well-versed in U.S. Employment Laws and the Settlement of Employment Grievances can shed more light on this thread.
From India, Salem
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6185I understand that some states in the U.S. adopt the policy of "Employment at Will." In that case, it will be challenging to build a case. However, I believe that he can request an experience certificate from the employer.
Any other members well-versed in U.S. Employment Laws and the Settlement of Employment Grievances can shed more light on this thread.
From India, Salem
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Relieving & Experience Letter.doc