Dear Indrani,
I appreciate your valuable inputs. I have also mentioned that without cooperation from the new employer, it is not possible for us to take any action against an absconded employee. As you mentioned, it will always be with the silent permission of the employer that such situations occur, and it is this support that allows these employees to abscond without concern for relieving orders or service certificates.
I firmly discourage legal actions against such employees as they are unlikely to be effective promptly. I have taken a firm stance against pursuing legal measures against the new employer in response to Khaiser Ali Shah because I believe that without any "consideration" or value in return, the lawsuit will not be sustainable.
In any case, the issue was raised in 2008, and I am unaware of the developments regarding Joe's matter at that time.
Regards,
Madhu.T.K
From India, Kannur
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4479I appreciate your valuable inputs. I have also mentioned that without cooperation from the new employer, it is not possible for us to take any action against an absconded employee. As you mentioned, it will always be with the silent permission of the employer that such situations occur, and it is this support that allows these employees to abscond without concern for relieving orders or service certificates.
I firmly discourage legal actions against such employees as they are unlikely to be effective promptly. I have taken a firm stance against pursuing legal measures against the new employer in response to Khaiser Ali Shah because I believe that without any "consideration" or value in return, the lawsuit will not be sustainable.
In any case, the issue was raised in 2008, and I am unaware of the developments regarding Joe's matter at that time.
Regards,
Madhu.T.K
From India, Kannur
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Dear Mr. Madhu T K,
Thank you for your reply. I understand it has been long since Joe posted this topic, but I wanted to participate in this discussion since this problem has almost become an everyday occurrence.
The only way to fight this nuisance is that we, as HR professionals, should ensure that a new joiner in our organization has completed the exit process in his/her previous organization and has a valid relieving letter from the past organization. However, this is an ideal situation, but most of the time, it becomes difficult to adhere to such professional ethics as recruiters have very steep targets to meet.
Thanks for adding your bit to the discussion.
Kind regards,
[Your Name]
From India, Pune
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Thank you for your reply. I understand it has been long since Joe posted this topic, but I wanted to participate in this discussion since this problem has almost become an everyday occurrence.
The only way to fight this nuisance is that we, as HR professionals, should ensure that a new joiner in our organization has completed the exit process in his/her previous organization and has a valid relieving letter from the past organization. However, this is an ideal situation, but most of the time, it becomes difficult to adhere to such professional ethics as recruiters have very steep targets to meet.
Thanks for adding your bit to the discussion.
Kind regards,
[Your Name]
From India, Pune
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Dear all,
I have a situation where an employee joins another organization after submitting their resignation to the employer. The employer becomes aware of this and attempts to follow up with the employee. However, the employee shows no concern and fails to show up. In this scenario, what actions can an employer take against the ex-employee who is still technically employed?
My queries are as follows:
- Can an employer pursue legal action against the employee?
- How can the employee be disciplined to prevent such behavior in the future?
- In the case of a junior employee (e.g., a salesperson in a retail shop) leaving with company property like uniforms and ID cards, what recourse does the employer have in this situation?
Please provide your insights.
Emergency
From Bangladesh
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I have a situation where an employee joins another organization after submitting their resignation to the employer. The employer becomes aware of this and attempts to follow up with the employee. However, the employee shows no concern and fails to show up. In this scenario, what actions can an employer take against the ex-employee who is still technically employed?
My queries are as follows:
- Can an employer pursue legal action against the employee?
- How can the employee be disciplined to prevent such behavior in the future?
- In the case of a junior employee (e.g., a salesperson in a retail shop) leaving with company property like uniforms and ID cards, what recourse does the employer have in this situation?
Please provide your insights.
Emergency
From Bangladesh
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Sending all the details to the present employer is not advisable. It is better to call the employee to give the resignation, ask him to settle all dues, if any, and relieve him from the company after finishing all formalities. Furthermore, you can publish the matter in the newspaper stating that he has no connection with the company, and any person dealing with him will be doing so at their own risk. That should be sufficient.
Alternatively, if he is a sales representative, inform all your customers that he has been relieved from your company. While it is everyone's freedom to leave one company and join another, every employee should remain loyal to their company during their service. This is my opinion.
Regards,
Manogharan G
From India, Bangalore
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Alternatively, if he is a sales representative, inform all your customers that he has been relieved from your company. While it is everyone's freedom to leave one company and join another, every employee should remain loyal to their company during their service. This is my opinion.
Regards,
Manogharan G
From India, Bangalore
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