Dear seniors,
Our company is a manpower leasing company that engages contractual technicians. One such employee was accused of stealing company property, and the customer wants him to be removed from the premises. Although nothing has been proven against the employee and it is only a suspicion, I, as the employer, want to know how the employee can be terminated legally and how to close the matter. Neither we, the employer, nor the customer is interested in retaining the said employee.
I look forward to relevant advice on this matter.
From India, New Delhi
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7Our company is a manpower leasing company that engages contractual technicians. One such employee was accused of stealing company property, and the customer wants him to be removed from the premises. Although nothing has been proven against the employee and it is only a suspicion, I, as the employer, want to know how the employee can be terminated legally and how to close the matter. Neither we, the employer, nor the customer is interested in retaining the said employee.
I look forward to relevant advice on this matter.
From India, New Delhi
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Is it ethical to sack someone based on allegations without proving his/her guilt?
From United Kingdom
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From United Kingdom
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Dear Ramsesan,
In such cases, evidence plays an important role. As you mentioned, he is only suspicious, and there is no evidence against him. Therefore, taking any action against him would be unlawful and unethical, setting a wrong example for existing employees.
Since you are involved in contract staffing, I understand the client's expectations and pressure from them. I would advise you that if the concerned staff is truly not guilty in this case, you may consider transferring him from one client's location to another. This way, your client will be satisfied that the suspected person is no longer working on their premises, and you have taken action on their request. Additionally, the concerned employee will not feel unjustly treated.
However, if you still wish to terminate him, and you do not have any evidence of the incident, you may request a resignation letter from him. Treat the case as a self-resignation and close it with an immediate full and final settlement of his dues.
I still believe that following this process may be seen as unjust to him. If you aim to identify the actual culprit, consider filing a police complaint as they will be able to uncover the truth.
Regards,
Tushar Swar
From India, Mumbai
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In such cases, evidence plays an important role. As you mentioned, he is only suspicious, and there is no evidence against him. Therefore, taking any action against him would be unlawful and unethical, setting a wrong example for existing employees.
Since you are involved in contract staffing, I understand the client's expectations and pressure from them. I would advise you that if the concerned staff is truly not guilty in this case, you may consider transferring him from one client's location to another. This way, your client will be satisfied that the suspected person is no longer working on their premises, and you have taken action on their request. Additionally, the concerned employee will not feel unjustly treated.
However, if you still wish to terminate him, and you do not have any evidence of the incident, you may request a resignation letter from him. Treat the case as a self-resignation and close it with an immediate full and final settlement of his dues.
I still believe that following this process may be seen as unjust to him. If you aim to identify the actual culprit, consider filing a police complaint as they will be able to uncover the truth.
Regards,
Tushar Swar
From India, Mumbai
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Dear friend,
I totally agree with Mr. Simhan's observations. It is unfair to terminate the services of an employee merely on the basis of suspicion. Nor can you conveniently use the customer complaints, which cannot be sustained, as a ploy to terminate the employee. The prudent step would be to transfer the employee elsewhere, to another site or with another of your clients, and keep a discrete watch.
Hope you will act in a fair manner, and the simplest test to ascertain this is putting oneself in the place of that person. Would you have considered it fair if you had been in his place and your services had been terminated just on a complaint without any proof or substance?
Warm regards.
From India, Delhi
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I totally agree with Mr. Simhan's observations. It is unfair to terminate the services of an employee merely on the basis of suspicion. Nor can you conveniently use the customer complaints, which cannot be sustained, as a ploy to terminate the employee. The prudent step would be to transfer the employee elsewhere, to another site or with another of your clients, and keep a discrete watch.
Hope you will act in a fair manner, and the simplest test to ascertain this is putting oneself in the place of that person. Would you have considered it fair if you had been in his place and your services had been terminated just on a complaint without any proof or substance?
Warm regards.
From India, Delhi
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I totally echo Tushar Swar's opinion.
In fact, I would have refrained from putting my comments if it had appeared when I started typing out my response. By the time I posted my response, his was already there!!
Warm regards.
From India, Delhi
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In fact, I would have refrained from putting my comments if it had appeared when I started typing out my response. By the time I posted my response, his was already there!!
Warm regards.
From India, Delhi
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It is interesting to find that Raj Kumar Hansdah says that echoes the first two paragraphs of Tushar's advice. This implies that he has some reservations about the final advice to take a resignation letter. It's this advice that prevented me from just appreciating and validating Tushar's advice.
One can only ask the concerned person to resign, explaining the allegation, but not force him or her. We have such incidents reported here where people have been forced to resign under duress. I know of incidents in the UK where staff confronted with the situation and given the options of either putting in their resignation or facing a disciplinary panel, which could result in the termination of the job with a black mark, have opted for the former. Thereby, they have implicitly accepted the guilt and settled for the lesser of the two punishments.
Hence, I would advise that the person be given the choice and not just be forced to resign.
From United Kingdom
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One can only ask the concerned person to resign, explaining the allegation, but not force him or her. We have such incidents reported here where people have been forced to resign under duress. I know of incidents in the UK where staff confronted with the situation and given the options of either putting in their resignation or facing a disciplinary panel, which could result in the termination of the job with a black mark, have opted for the former. Thereby, they have implicitly accepted the guilt and settled for the lesser of the two punishments.
Hence, I would advise that the person be given the choice and not just be forced to resign.
From United Kingdom
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Is he only accused? Did you hold an enquiry to look into the charges? Whether the charges levelled against the accused are fully proved beyond doubt?
If your answer is NO to my second question onwards, then do not proceed with any stringent action against the accused employee.
Thanks,
R. K. Nair
From India, Aizawl
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If your answer is NO to my second question onwards, then do not proceed with any stringent action against the accused employee.
Thanks,
R. K. Nair
From India, Aizawl
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Ramaseshan,
When you sack a male employee, please consider that you are eliminating the breadwinner of a family, which can lead to an economic crisis and unemployment. Is natural justice ensured by sacking an employee based on unproven allegations? Just because you want to satisfy your client, if you dismiss him, it becomes highly materialistic. Even though he might sue you, please show courtesy to the employee by being humane rather than purely capitalist.
It is my humble request.
Thank you.
From India, Chennai
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When you sack a male employee, please consider that you are eliminating the breadwinner of a family, which can lead to an economic crisis and unemployment. Is natural justice ensured by sacking an employee based on unproven allegations? Just because you want to satisfy your client, if you dismiss him, it becomes highly materialistic. Even though he might sue you, please show courtesy to the employee by being humane rather than purely capitalist.
It is my humble request.
Thank you.
From India, Chennai
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There must be an appointment letter for him. As per the terms of the appointment order termination clause, you have to give a notice period or salary in lieu of the notice period (normally one/two/three months) stating that you have lost confidence in his employment and he will quit after the lapse of the notice period or salary payment in lieu of the notice period.
For this, you have to call him and politely ask him to resign. If he is not willing, give him a letter and close his employment.
From India, Hyderabad
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For this, you have to call him and politely ask him to resign. If he is not willing, give him a letter and close his employment.
From India, Hyderabad
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I am not an expert on the technical aspects of how to terminate an employee or seek his resignation, but on the ethical aspect of the issue. As learned member Mr. Simhan pointed out, given the gravity of an unfounded allegation and if that results in the loss of one's livelihood. The allegation of theft against an employee questions the very moral foundation of an employee's character. If such an allegation is unfounded or there is a lack of evidence to substantiate the allegation, there will be a serious miscarriage of justice. If he is deprived of his job and if tomorrow it turns out to be the handiwork of some other employee, he not only leaves the job with a stigma for no fault of his own. Therefore, it is necessary to conduct a thorough investigation into allegations that have a bearing on the moral foundations of an employee's character. If there is no evidence found, then it is all the more necessary to protect his character to vindicate the employee. If the client still does not want his presence on the premises, you can transfer him to a different location, as the learned member Tushar has suggested.
B. Saikumar
In-house HR & IR Advisor
From India, Mumbai
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B. Saikumar
In-house HR & IR Advisor
From India, Mumbai
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20200320_Adviso ry MinistryOfLabou r-Not To Terminate-Emplo yeesOrReduceWag es.pdf