I have recently been given a Performance Improvement Plan (PIP), which provides libelous, untrue statements to justify.
I had justified all of feedback statement received from project team and didn't accepted PIP.
Employer took almost 2 month to verify and still they are not able to find right reason for my PIP ( They have internally consulted with Legal team as well)
I see now they are planning to terminate me because of my remaining 30 days notice period ( NP 90 days , 2 month lapsed in process )
Can i go for defamation against company as i see from past 6 month they were harassing me about my false performance feedback
From India
I had justified all of feedback statement received from project team and didn't accepted PIP.
Employer took almost 2 month to verify and still they are not able to find right reason for my PIP ( They have internally consulted with Legal team as well)
I see now they are planning to terminate me because of my remaining 30 days notice period ( NP 90 days , 2 month lapsed in process )
Can i go for defamation against company as i see from past 6 month they were harassing me about my false performance feedback
From India
Dear Sunil Kumar,
As per your post, you have performed your duties, and the quantum and quality of work are expected to satisfy the authorities concerned. However, you are aggrieved because they did not take cognisance of your performance. Furthermore, certain false allegations have been levelled against you while giving feedback during the performance appraisal. You claim that the false allegations damaged your reputation, hence you wish to file a defamation suit against the company authorities.
Before going into the merits of filing a defamation suit, it is crucial to know whether you escalated the matter and, if yes, what was the level of escalation. If the authorities were unresponsive, then did you send a reminder to them? If the sending reminder also did not make an impact, then did you escalate the matter to a higher level? Who has appraised your performance? Did you provide evidence of performance during the appraisal?
Sending a lawyer's notice is a last resort. It could infuriate your company's authorities. One should be circumspect before taking a legal route.
At this stage, you may have to fight on two fronts simultaneously. The first is to immediately ask for an interview with the highest authority. In the interview, provide evidence of the performance rendered. During the meeting, do not show frustration and do not use phrases like "libellous statements". If the appraising authority remains inclement, even then, keep your cards close to your chest. It means do not divulge that you could take a legal route.
In the meantime, contact a lawyer and explore the possibility of bringing a stay order on the PIP and your expected termination on account of poor performance. This is a private matter between you and your company, and generally, the courts do not intervene in the matters between two private parties. However, if you meet with injustice, then you could be deprived of your gainful employment. Hence, check with the lawyer what he/she can do in this regard. Much depends on how forcefully your lawyer presents the arguments in the court. Additionally, your lawyer could come up with a different or creative solution.
Contrary Comments: - While I have put forth my views that support your thought process, it is important to think of the opposite side also. Your seniors do not want you in the company. Your presence has become de trop for them. If the seniors are hostile, then whether it is appropriate to continue is a point to moot. Even if you bring stay order, their hostility will not diminish, but it could exacerbate. Therefore, you may ask for the interview of the highest authority of your company but be prepared for the separation also. Any type of litigation, whether for personal or professional reasons, loses our peace of mind. Are you prepared for a long-drawn legal battle? Please ponder!
Thanks,
Dinesh Divekar
From India, Bangalore
7884As per your post, you have performed your duties, and the quantum and quality of work are expected to satisfy the authorities concerned. However, you are aggrieved because they did not take cognisance of your performance. Furthermore, certain false allegations have been levelled against you while giving feedback during the performance appraisal. You claim that the false allegations damaged your reputation, hence you wish to file a defamation suit against the company authorities.
Before going into the merits of filing a defamation suit, it is crucial to know whether you escalated the matter and, if yes, what was the level of escalation. If the authorities were unresponsive, then did you send a reminder to them? If the sending reminder also did not make an impact, then did you escalate the matter to a higher level? Who has appraised your performance? Did you provide evidence of performance during the appraisal?
Sending a lawyer's notice is a last resort. It could infuriate your company's authorities. One should be circumspect before taking a legal route.
At this stage, you may have to fight on two fronts simultaneously. The first is to immediately ask for an interview with the highest authority. In the interview, provide evidence of the performance rendered. During the meeting, do not show frustration and do not use phrases like "libellous statements". If the appraising authority remains inclement, even then, keep your cards close to your chest. It means do not divulge that you could take a legal route.
In the meantime, contact a lawyer and explore the possibility of bringing a stay order on the PIP and your expected termination on account of poor performance. This is a private matter between you and your company, and generally, the courts do not intervene in the matters between two private parties. However, if you meet with injustice, then you could be deprived of your gainful employment. Hence, check with the lawyer what he/she can do in this regard. Much depends on how forcefully your lawyer presents the arguments in the court. Additionally, your lawyer could come up with a different or creative solution.
Contrary Comments: - While I have put forth my views that support your thought process, it is important to think of the opposite side also. Your seniors do not want you in the company. Your presence has become de trop for them. If the seniors are hostile, then whether it is appropriate to continue is a point to moot. Even if you bring stay order, their hostility will not diminish, but it could exacerbate. Therefore, you may ask for the interview of the highest authority of your company but be prepared for the separation also. Any type of litigation, whether for personal or professional reasons, loses our peace of mind. Are you prepared for a long-drawn legal battle? Please ponder!
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Sunil,
It is unlikely that you can file a defamation case against your employer, as your situation may not fall under the scope of Section 356 of the BNS.
In Performance Improvement Plan (PIP) cases, pursuing legal action may not be in your favor unless you qualify as a "workman" under the Industrial Disputes (ID) Act. If so, you may have grounds to challenge an illegal termination. While it's common for individuals to be dissatisfied with PIPs, widespread legal protections in such cases could hinder effective performance appraisal systems and lead to an overwhelming number of court cases, further burdening an already overloaded judiciary.
From India, Delhi
It is unlikely that you can file a defamation case against your employer, as your situation may not fall under the scope of Section 356 of the BNS.
In Performance Improvement Plan (PIP) cases, pursuing legal action may not be in your favor unless you qualify as a "workman" under the Industrial Disputes (ID) Act. If so, you may have grounds to challenge an illegal termination. While it's common for individuals to be dissatisfied with PIPs, widespread legal protections in such cases could hinder effective performance appraisal systems and lead to an overwhelming number of court cases, further burdening an already overloaded judiciary.
From India, Delhi
Dear Sunil-kumar,
I have gone through your post in deep. Now days establishments are mostly based on project than of perennial nature of job, used "Performance Appraisal" as a tool to reduce manpower. Because,the establishment does not have much scope at their end to carry the manpower load after completion of the project. The work of HR department in those establishment is limited to Hire & fire and mostly goes by the words of DH.
It is futile on part of an employee to fight legally in our land, where case goes to infinite day without a satiable judgement and that too can be go to supreme court level, one is not sure of a valid Judgement.
It is better to look for a new job elsewhere considering this as a bad dream. Further, resign on health ground if not termination letter has not been served upon you.
I had justified all of feedback statement received from project team without accepting the PIP.
You can not go for defamation against company as you lack materials. We can talk further in this no8093097934, if you feel it proper.
From India, Mumbai
I have gone through your post in deep. Now days establishments are mostly based on project than of perennial nature of job, used "Performance Appraisal" as a tool to reduce manpower. Because,the establishment does not have much scope at their end to carry the manpower load after completion of the project. The work of HR department in those establishment is limited to Hire & fire and mostly goes by the words of DH.
It is futile on part of an employee to fight legally in our land, where case goes to infinite day without a satiable judgement and that too can be go to supreme court level, one is not sure of a valid Judgement.
It is better to look for a new job elsewhere considering this as a bad dream. Further, resign on health ground if not termination letter has not been served upon you.
I had justified all of feedback statement received from project team without accepting the PIP.
You can not go for defamation against company as you lack materials. We can talk further in this no8093097934, if you feel it proper.
From India, Mumbai
Thanks Everyone for your suggestion just to add my point based on your response
I have escalated my concerns about my performance feedback up to the Vice President level, but no one has been able to provide a proper justification. The employer has also consulted their internal legal team without any success, yet they have not taken any further action based on this feedback. I have all proof in mail wrt my performance and no response from Employeer for my mail.
For the past 4-5 months, I have been subjected to harassment by the project team with false performance, leading me to consider pursuing legal action for defamation, harassment, and mental distress
From India
I have escalated my concerns about my performance feedback up to the Vice President level, but no one has been able to provide a proper justification. The employer has also consulted their internal legal team without any success, yet they have not taken any further action based on this feedback. I have all proof in mail wrt my performance and no response from Employeer for my mail.
For the past 4-5 months, I have been subjected to harassment by the project team with false performance, leading me to consider pursuing legal action for defamation, harassment, and mental distress
From India
I have escalated my concerns about my performance feedback up to the Vice President level, but no one has been able to provide a proper justification. The employer has also consulted their internal legal team without any success, yet they have not taken any further action based on this feedback. For the past 4-5 months, I have been subjected to harassment by the project team, leading me to consider pursuing legal action for defamation, harassment, and mental distress
From India
From India
First, you need to understand what defamation is.
It is making disparaging remarks against someone to public or a specific section of the public to lower the reputation of that person. If the company has some remarks in the internal file regarding your performance, how exactly does it fit the definition above?
What legal action will you take?
Do you understand the cost of the same?
And also understand that once you go on that route, it is unlikely you will get another job. Every reference check and BGV will mark you as fail.
You should just finish your notice period and move on.
Incidentally, I do not think you have the option of 'not accepting PIP'
The company has decided your performance is unsatisfactory and the only option for you is grevience redressal framework the company may have available. Once you exhaust that, there is nothing more you can do. This is not a govt department that you can get a writ from high court and get a stay order
You should focus on getting a new job instead
From India, Mumbai
It is making disparaging remarks against someone to public or a specific section of the public to lower the reputation of that person. If the company has some remarks in the internal file regarding your performance, how exactly does it fit the definition above?
What legal action will you take?
Do you understand the cost of the same?
And also understand that once you go on that route, it is unlikely you will get another job. Every reference check and BGV will mark you as fail.
You should just finish your notice period and move on.
Incidentally, I do not think you have the option of 'not accepting PIP'
The company has decided your performance is unsatisfactory and the only option for you is grevience redressal framework the company may have available. Once you exhaust that, there is nothing more you can do. This is not a govt department that you can get a writ from high court and get a stay order
You should focus on getting a new job instead
From India, Mumbai
I would go with the suggestion of Mr.Saswata Bannerjee which I find reasonable in the given circumstances. However, if the 'grievances redress system; is in operation you can have an opportunity to seek clarification from your HoD. In fact as per the system,an employee concerned will have an opportunity of grounds upon which he was found wanting as reported in the Appraisal. An employer also duty bound to communicate to the concerned any adverse or not-satisfactory appraisal is reported. This practice is in a way cautioning the employee to improve his performance henceforth in order to avert consequences. And in any case it is uncertain question whether a judicial review will be a possibility unless there is very strong evidences/witnesses to prove his grievance or involving any moral turpitude..
From India, Bangalore
From India, Bangalore
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