Hi all,
I think talking is a better way before taking action. You are wrong; you might have done wrong to X-employee. Now you are getting back what you have done! It is a circle. Don't try to push things further; it will cause more losses but nothing else. Concentrate on your business goals and settle down your scores with him by negotiating (money, good ref, bad report to current/future employers, etc.).
Believe what you will do today; the company will follow the same in case of you also in the future! So be careful whatever you do!
Manish Gupta
Admin & HR Manager
From India, Mumbai
5I think talking is a better way before taking action. You are wrong; you might have done wrong to X-employee. Now you are getting back what you have done! It is a circle. Don't try to push things further; it will cause more losses but nothing else. Concentrate on your business goals and settle down your scores with him by negotiating (money, good ref, bad report to current/future employers, etc.).
Believe what you will do today; the company will follow the same in case of you also in the future! So be careful whatever you do!
Manish Gupta
Admin & HR Manager
From India, Mumbai
Hello there,
Every organization has some black sheep as well as black holes. Fortunately for you, the black sheep is out of the organization. So his information will be static, i.e., up to the last day of his working in your organization and not updated, unless of course, he has a planted mole even today. The best thing to do, as a few other members have suggested above, is to do an IT audit of your current infrastructure and set things right. Once that is done, you can challenge and handle any subsequent outside audits with due legal recourse of defamation, etc. I would not suggest employing a detective agency or approaching any law enforcement agency until you have concrete documentary proof of his misdeeds. All the best.
From India, Mumbai
Every organization has some black sheep as well as black holes. Fortunately for you, the black sheep is out of the organization. So his information will be static, i.e., up to the last day of his working in your organization and not updated, unless of course, he has a planted mole even today. The best thing to do, as a few other members have suggested above, is to do an IT audit of your current infrastructure and set things right. Once that is done, you can challenge and handle any subsequent outside audits with due legal recourse of defamation, etc. I would not suggest employing a detective agency or approaching any law enforcement agency until you have concrete documentary proof of his misdeeds. All the best.
From India, Mumbai
With limited understanding in this field, I can suggest the following:
1. Put your house in order - that's the first thing that you need to do as HR:
- Identify and address issues that are wrong, illegal, or unethical and eliminate them.
- Determine the reasons behind dissent among employees and work on resolving them with a positive attitude.
- Lack of internal communication or an employee engagement program may be evident - consider looking into this.
2. Once you have addressed internal issues, assign someone from your team to establish a discussion channel, even if it is formal. This is crucial for identifying and understanding the root cause.
3. You can choose to reach out to his current employer if he did not disclose his employment with your company, indicating that he falsified his CV, which is unacceptable and could lead to dismissal. However, this should be considered as a last resort.
I hope this helps.
From India, Mumbai
1. Put your house in order - that's the first thing that you need to do as HR:
- Identify and address issues that are wrong, illegal, or unethical and eliminate them.
- Determine the reasons behind dissent among employees and work on resolving them with a positive attitude.
- Lack of internal communication or an employee engagement program may be evident - consider looking into this.
2. Once you have addressed internal issues, assign someone from your team to establish a discussion channel, even if it is formal. This is crucial for identifying and understanding the root cause.
3. You can choose to reach out to his current employer if he did not disclose his employment with your company, indicating that he falsified his CV, which is unacceptable and could lead to dismissal. However, this should be considered as a last resort.
I hope this helps.
From India, Mumbai
I would like to add something to this as I have gone through a similar situation where one of my ex-employees started spreading negative information about our company in the market. Some of it was true, but instead of contacting him to stop it, I focused on the Circle of Influence rather than the Circle of Concern. This involved trying to convince and compromise with him, considering that dealing with him falls under the Circle of Concern because we cannot change the paradigm of someone who is entirely negative towards the company.
However, I also took action to change the company's policies simultaneously. I worked on improving the overall reputation of our company so that the individual had no valid points to misguide others in the market. After a few months, he completely stopped the negative actions. It's worth noting that he is now a very good person to me due to his transformed personality. Therefore, my suggestion to you is to focus on your own Circle of Influence, where you can bring about change, modification, and improvement.
Anyway, thank you, and I hope my sharing will be somewhat helpful.
From Nepal
However, I also took action to change the company's policies simultaneously. I worked on improving the overall reputation of our company so that the individual had no valid points to misguide others in the market. After a few months, he completely stopped the negative actions. It's worth noting that he is now a very good person to me due to his transformed personality. Therefore, my suggestion to you is to focus on your own Circle of Influence, where you can bring about change, modification, and improvement.
Anyway, thank you, and I hope my sharing will be somewhat helpful.
From Nepal
So, you cannot even find out his current employer and his current employer also doesn't know you. He has clearly outsmarted you guys. So, like Mr. Ramex mentioned, work on your circle of influence. Relieving the manager is the only suggestion I can think of which will settle everything for everyone once and for all.
To me, he looks like a nice guy. Being a system administrator, he would have unprecedented access to a lot of sensitive information. But it looks like he is not taking any illegal path to get back at the manager. If he were really a rogue/psycho/black sheep, he would have caused a lot more damage. The fact that he is using only legal means, and the fact that huge organizations have acted upon with the help of his information clearly indicates that he is a nice guy.
There are incompetent people who are always afraid of intelligent guys. It is their insecurity that causes them to use such language as this -
From India, Bangalore
To me, he looks like a nice guy. Being a system administrator, he would have unprecedented access to a lot of sensitive information. But it looks like he is not taking any illegal path to get back at the manager. If he were really a rogue/psycho/black sheep, he would have caused a lot more damage. The fact that he is using only legal means, and the fact that huge organizations have acted upon with the help of his information clearly indicates that he is a nice guy.
There are incompetent people who are always afraid of intelligent guys. It is their insecurity that causes them to use such language as this -
From India, Bangalore
Dear gkearney,
If he has not mentioned your company's information in his work history, then you have a very good chance to prove that his intention of avoiding that info is not appropriate. You should call his current company's HR and inform them about the situation. Let them know that he is interfering in your company's affairs, and if there is a lawsuit tomorrow, you will make that company a part of it as well. I am not sure how it works in your country, but in India, IT companies are very particular about such matters, and they take immediate action.
I still feel that talking to him is a good option rather than taking legal action. My comments are based on the context of India. If that ex-employee is in India, then I am sure someone in this forum can always help me, including myself.
Ashok
From United States, San Diego
If he has not mentioned your company's information in his work history, then you have a very good chance to prove that his intention of avoiding that info is not appropriate. You should call his current company's HR and inform them about the situation. Let them know that he is interfering in your company's affairs, and if there is a lawsuit tomorrow, you will make that company a part of it as well. I am not sure how it works in your country, but in India, IT companies are very particular about such matters, and they take immediate action.
I still feel that talking to him is a good option rather than taking legal action. My comments are based on the context of India. If that ex-employee is in India, then I am sure someone in this forum can always help me, including myself.
Ashok
From United States, San Diego
We would contact his current employer if we knew who his current employer is. But we do not know that information; we don't even know what county he is living in.
His resume lists him currently as an independent consultant. It also lists him as an independent consultant for the time he was with us. Technically, this is true as he maintained his consulting business while he was also employed with us. We have never been contacted by anyone about him to confirm that he worked for us.
Given that we do not know who he might be working for or where in Europe or the U.S. (he's a dual U.S. and Italian citizen), it seems unlikely that we will ever be able to contact his employer.
I'm not sure what kind of suit we could bring against him, and even if we did, how would we serve him the papers? Tracking him down could cost a great deal of money and time, and we have already spent more on this than we should have.
From Australia, Perth
His resume lists him currently as an independent consultant. It also lists him as an independent consultant for the time he was with us. Technically, this is true as he maintained his consulting business while he was also employed with us. We have never been contacted by anyone about him to confirm that he worked for us.
Given that we do not know who he might be working for or where in Europe or the U.S. (he's a dual U.S. and Italian citizen), it seems unlikely that we will ever be able to contact his employer.
I'm not sure what kind of suit we could bring against him, and even if we did, how would we serve him the papers? Tracking him down could cost a great deal of money and time, and we have already spent more on this than we should have.
From Australia, Perth
More flowers with very explicit notes in female handwriting have turned up, this time at work and always when the manager is out. They have to be left at the reception desk where others can see them and the note. They arrive at random intervals, always following a weekend. It's like he can read our manager's mind.
One of the flower shops told us that a woman came in and paid with cash; they have never seen her before, and she has never returned. The manager is a very conservative type, and this is driving him and his wife crazy.
From Australia, Perth
One of the flower shops told us that a woman came in and paid with cash; they have never seen her before, and she has never returned. The manager is a very conservative type, and this is driving him and his wife crazy.
From Australia, Perth
Hi,
A method you can try is to ask your representatives to meet the ex-employee and try to find out the cause of his disgruntlement and the method of clearing any issue with him. Record the whole conversation (audio & video) so that you could use the same for getting any evidence that he has done all those things which your company is charged with. With this, you could try and seek the assistance of the police for conducting an official 'sting operation' and catch the culprit red-handed.
If such a thing is not possible, then you will realize that you are cornered and have to take remedial measures like an out-of-court settlement or (buy him out), etc., to save your company from further attacks - if possible.
Regards
From India, Bangalore
A method you can try is to ask your representatives to meet the ex-employee and try to find out the cause of his disgruntlement and the method of clearing any issue with him. Record the whole conversation (audio & video) so that you could use the same for getting any evidence that he has done all those things which your company is charged with. With this, you could try and seek the assistance of the police for conducting an official 'sting operation' and catch the culprit red-handed.
If such a thing is not possible, then you will realize that you are cornered and have to take remedial measures like an out-of-court settlement or (buy him out), etc., to save your company from further attacks - if possible.
Regards
From India, Bangalore
Dear gkearney,
Although I empathize with your problem, I cannot help being amazed at the creativity and ingenuity of your ex-employee. At times, a whistle-blower and at times acting in a strange non-violent way of protests. May I know why he was fired? If the infraction was not serious, why do you not consider re-hiring him? With his talents put to good use in marketing, new product development, consumer research, etc., he can surely be a great asset to your company. All that is needed is to make him an "engaged employee," and that's where good Human Resource Management comes in.
Warm regards.
From India, Delhi
Although I empathize with your problem, I cannot help being amazed at the creativity and ingenuity of your ex-employee. At times, a whistle-blower and at times acting in a strange non-violent way of protests. May I know why he was fired? If the infraction was not serious, why do you not consider re-hiring him? With his talents put to good use in marketing, new product development, consumer research, etc., he can surely be a great asset to your company. All that is needed is to make him an "engaged employee," and that's where good Human Resource Management comes in.
Warm regards.
From India, Delhi
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