RAMAN YADAV

ADVOCATE, SUPREME COURT OF

INDIA
: +7982778022, 9415140309
Email: ramanyadav@aol.in
Present Address: Office Address: Chamber address:
A-216, Sector 31 A-216, Sector 31 203, M.C. Setalvad Block
Gautam Budh Nagar Gautam Budh Nagar Lawyers Chamber
NOIDA. NOIDA. NEW DELHI 110001

LEGAL NOTICE

Date: 14.10.2024

To,

1. The Board of Directors,

Western Digital
__ CIN__
__Address of Registered Office___

2. The Board of Directors,

Excelmax Technologies Private Limited
Site No. 07, Maruthi Emerald 02,
Graphite India Main Rd, BEML Layout,
Brookfield, Bengaluru,
Karnataka- 560066

Subject: Legal Notice for Potential Employment Laundering

Practices, Workplace Harassment, Discrimination and
Misrepresentation of Employment terms.
Dear Sir,

Under the instruction and on behalf of my client Miss

Priyanka Singh, currently employed at Excelmax
Technologies Private Limited but previously worked under
assignment with Western Digital Corporation, I am sending
this legal notice to formally address grave grievance arising
from Potential Employment Laundering Practices, Workplace
Harassment, Discrimination and Misrepresentation of
Employment terms, and to demand appropriate redress.

1. That at the outset, it is important to clarify that Western

Digital directly approached my client, representing that
she would work for Western Digital. However, following her
acceptance of the role, she was informed that her
employment would be structured under Excelmax
Technologies private limited, a third-party vendor, despite
fulfilling her job duties and reporting exclusively for
Western Digitals. This arrangement amounts to
misrepresentation and is in contravention of fair
employment practices, fostering a misleading employment
situation.

2. Employment laundering refers to the practice whereby a

company, Western Digital, in this instance, misrepresents
the employment structure by formally assigning the
 employee to a third-party vendor, Excelmax technologies
private limited, while controlling her work and duties.
Such an arrangement seeks to evade direct employment
obligations, bypassing statutory protections and benefits
owed to employees. Although my clients performed her role
exclusively under Western Digital Supervision, this
structure denies her lawful rights and protections of direct
employee, including safeguards against harassment and
discrimination. This employment setup raises serious legal
concerns, as it exposes my client to unjust treatment and
retaliatory risk from Excelmax technologies private limited,
contravening fair employment practices and labor laws.

3. Since her employment, my client has been subjected to

numerous instances of public humiliation, harassment
and discrimination by Mr. Pinkesh Yerpude of Western
Digital. Specific Incidents include but not limited to:
● My client faced discriminatory treatment for giving a
flower to a friend who was newly converted to FTE, while
Mr. Pinkesh Yerpude distributed an expensive gift
without reprimand. This unequal treatment highlights
a clear bias and fosters a discriminatory environment.

● Her efforts to prepare detailed meeting minutes (MOM)

were criticized without any constructive feedback or
guidance, undermining her professional confidence.
 ● She was publicly reprimanded for minor errors in front
of colleagues, which has fostered a hostile work
environment and caused her emotional distress.

● She was requested to draft a guide on the Learning

Resource Management System (LRMS) without prior
training, ostensibly for knowledge transfer purposes
without adequate support, which has further impeded
her capacity to perform her duties effectively.

4. That my client successfully coordinated the Jamaica Tape-

Out event, securing necessary approvals despite a
stringent time frame. Her efforts were belittled, and she
faced baseless questioning about her independent
contributions. This consistent undermining of her abilities
and efforts has severely impacted on her mental wellbeing
and is indicative of a hostile work culture.

5. That in the most recent instance, my client was publicly

chastised for canceling a lead sync up meeting, despite
having received prior approvals for cancelation. This
incident represented the tipping point after experiencing
ongoing harassment and humiliation at work. The way she
was treated made her feel that the work environment was
no longer bearable. In consequence of the said
misconduct, she decided to ask to leave her job at Western
Digital due to the constant mistreatment she faced.
6. My client has experienced a significant reduction in her
role and responsibilities at Western Digital, as evidenced
by her gradual removal from participation in leads sync-
up meetings and her subsequent reduction to merely
raising facility tickets. This unwarranted demotion
appears to be part of a broader pattern of discrimination
and harassment, particularly following the departure of
Senior Director Troy Faber, who had previously recognized
and praised her contributions. Since Mr. Faber's exit, my
client has faced increased targeting and hostility from Mr.
Pinkesh Yerpude, resulting in a work environment that
consistently undermines her competence and subjects her
to public humiliation. This discriminatory treatment not
only hampers her professional development but also
violates her rights as an employee by fostering a hostile
work environment, further intensifying her emotional
distress and negatively impacting her career progression.

7. That in addition to harassment by Western Digital

representative, my client fears retaliatory termination by
Excelmax technologies private limited due to her
complaints and request for withdrawal. This fear has
compounded her distress, forcing her to consider all
available legal remedies to safeguard her employment and
professional reputation.
8. My client has formally approached the Human Resources
department of Excelmax Technologies Private limited to
request the termination of her contract with Western
Digital due to the severe mental agony and distress she
has experienced as a result of ongoing harassment and
discrimination in the workplace. In light of her request and
the intolerable conditions she faced, Excelmax
technologies private limited has acted promptly to
terminate the contract between my client and Western
Digital. This termination acknowledges the detrimental
impact of the hostile work environment on my client’s
mental well-being and represents a necessary step toward
protecting her health and future career prospects.

9. In light of the ongoing conflicts and hostile environment

experienced by my client with colleagues at Western
Digital, she respectfully requests a 90-day remote work
option due to the fact that many employees of Excelmax
technologies private limited are working for Western
Digital, therefore, to ensure her well-being and
productivity during this transitional period. Given her
non-engineering background, my client is not suited for
placement at a client site in an engineering role; however,
she is confident that she can effectively fulfill any
managerial tasks assigned to her remotely. Alternatively,
my client proposes that she be placed on the bench during
this time, allowing her to engage in learning and
professional development from home. This arrangement
 would not only safeguard her mental health but also
enable her to contribute meaningfully to the organization
in a manner that aligns with her skill set.

10. Excelmax Technologies private limited is hereby

reminded that it must not terminate the employment of my
client illegally or in retaliation for her complaints regarding
workplace harassment and discrimination. Such actions
would not only violate her rights as an employee but also
contravene applicable labor laws designed to protect
individuals from wrongful termination and retaliation.

11. In light of the grievances outlined above, my client

demands that Western Digital Corporation and Excelmax
Technologies Private limited take immediate corrective
action to address these issues. Specifically, she requests
the cessation of all forms of harassment and
discriminatory practices directed toward her, along with a
thorough investigation into the workplace hostility she has
endured. Furthermore, ensuring that her rights and
protections as an employee are upheld, including
safeguards against retaliation for her complaints.
Additionally, she demands written assurances that her
position will be protected and that no adverse actions will
be taken against her as a result of her requests for redress.
Failure to comply with these demands will compel my
client to pursue all available legal remedies to protect her
 rights and seek appropriate compensation for the damage
suffered.

Please note that should you fail to take immediate corrective

action, my client reserves her right to pursue all available legal
remedies under applicable employment and anti- discrimination
laws, including but not limited to filing complaints with labor and
anti- discrimination authorities, seeking compensation for mental
anguish and emotional distress and initiating civil action for
breach of employment terms.

You are hereby requested to respond within 15 days of receipt

of this legal notice. Failure to do so will leave my client with no
choice but to initiate legal proceedings at your sole risk, cost and
liability.

(Raman Yadav)
Advocate
Chamber No. 203, M.C
Setalvad Block, Supreme Court of India,
Bhagwan Das Road, New Delhi- 110001