Hi, I am in the DSA vertical and handling the sales team. One of our employees joined us on 16 September 2023, and we terminated him on 21 September 2023 due to sharing company confidential data with another person, as noticed by my team, and informed me. Additionally, he has displayed a bad attitude. Now, he is threatening to file an FIR against me and my company. Please suggest what to do.
From India, Delhi
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From India, Delhi
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Hi,
Before termination, was the proper disciplinary process followed? Was the full and final settlement cleared to the employee?
An aggravated employee can appeal to the Labour Office, and there are grounds to approach the Police for this. Even if they use some influence and make a complaint to the Police, you can ask your HR/Admin/Legal Team to handle it.
From India, Madras
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1153Before termination, was the proper disciplinary process followed? Was the full and final settlement cleared to the employee?
An aggravated employee can appeal to the Labour Office, and there are grounds to approach the Police for this. Even if they use some influence and make a complaint to the Police, you can ask your HR/Admin/Legal Team to handle it.
From India, Madras
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Hi Param,
Here are some steps you may consider taking:
Document Everything:
Make sure you have detailed records of the incidents leading up to the termination, including any evidence of the employee sharing confidential information.
Consult Legal Counsel:
Reach out to your company's legal department or consult with an employment lawyer. They can provide specific advice based on your jurisdiction and the circumstances of the termination.
Review Employment Contract and Policies:
Ensure that you followed the correct procedures outlined in the employment contract and company policies. This can help demonstrate that the termination was justified.
Maintain Communication:
If the ex-employee is making threats, try to keep communication professional and avoid engaging in any confrontations or arguments.
Consider a Restraining Order:
If you feel threatened or harassed, consult with legal counsel about obtaining a restraining order or taking other appropriate legal action.
Prepare a Defense:
If the ex-employee does file a complaint or take legal action, ensure that you have a strong defense based on the evidence and documentation you've gathered.
Cooperate with Authorities:
If a complaint is filed, cooperate with any official investigations. Provide all necessary evidence and documentation.
Reevaluate Security Measures:
Review and strengthen your company's security protocols to prevent future breaches of confidentiality.
Review Internal Processes:
Consider if there are any improvements that can be made in your hiring and onboarding processes to prevent similar incidents in the future.
Maintain Professionalism:
Continue to conduct yourself and manage your team professionally throughout this process.
This is general advice and not a substitute for professional legal counsel. It's crucial to consult with a lawyer who can provide advice based on the specific laws and regulations applicable in your jurisdiction.
Thanks
From India, Bangalore
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Here are some steps you may consider taking:
Document Everything:
Make sure you have detailed records of the incidents leading up to the termination, including any evidence of the employee sharing confidential information.
Consult Legal Counsel:
Reach out to your company's legal department or consult with an employment lawyer. They can provide specific advice based on your jurisdiction and the circumstances of the termination.
Review Employment Contract and Policies:
Ensure that you followed the correct procedures outlined in the employment contract and company policies. This can help demonstrate that the termination was justified.
Maintain Communication:
If the ex-employee is making threats, try to keep communication professional and avoid engaging in any confrontations or arguments.
Consider a Restraining Order:
If you feel threatened or harassed, consult with legal counsel about obtaining a restraining order or taking other appropriate legal action.
Prepare a Defense:
If the ex-employee does file a complaint or take legal action, ensure that you have a strong defense based on the evidence and documentation you've gathered.
Cooperate with Authorities:
If a complaint is filed, cooperate with any official investigations. Provide all necessary evidence and documentation.
Reevaluate Security Measures:
Review and strengthen your company's security protocols to prevent future breaches of confidentiality.
Review Internal Processes:
Consider if there are any improvements that can be made in your hiring and onboarding processes to prevent similar incidents in the future.
Maintain Professionalism:
Continue to conduct yourself and manage your team professionally throughout this process.
This is general advice and not a substitute for professional legal counsel. It's crucial to consult with a lawyer who can provide advice based on the specific laws and regulations applicable in your jurisdiction.
Thanks
From India, Bangalore
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Do not panic in anticipation. Do not talk or make any message or reply to the person.
You should discuss (in writing) this issue of threatening with the company management. In general, the company does not involve itself in personal issues (FIR) if done by an ex-employee.
You can lodge an FIR against that ex-employee if you really have evidence of threatening. By doing this, you will have the leverage to handle the matter in your favor.
From India, Mumbai
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You should discuss (in writing) this issue of threatening with the company management. In general, the company does not involve itself in personal issues (FIR) if done by an ex-employee.
You can lodge an FIR against that ex-employee if you really have evidence of threatening. By doing this, you will have the leverage to handle the matter in your favor.
From India, Mumbai
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This looks like an empty threat. If the candidate has to file an FIR, he doesn't need to inform you in advance. Nothing prevents him from lodging it if there is a genuine ground. Probably, he is trying to negotiate and wrangle whatever he can get in the process.
What FIR can be filed by somebody with 6 days of service? There cannot be any fraud or misrepresentation with him. The threat should be seen as a continuation of the behavioral imperfection in the candidate.
Stop dealing with the person. Close the door for any dealing with him. Probably, if you are advised so by any legal luminary, you can file a complaint with any police station for leaking confidential information.
From India, Mumbai
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What FIR can be filed by somebody with 6 days of service? There cannot be any fraud or misrepresentation with him. The threat should be seen as a continuation of the behavioral imperfection in the candidate.
Stop dealing with the person. Close the door for any dealing with him. Probably, if you are advised so by any legal luminary, you can file a complaint with any police station for leaking confidential information.
From India, Mumbai
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