Mr.Sathish,
It is very good to understand that your thinking is good and it supports your organizational growth.
These are the cases that normally comes in our career quite frequently.
As a beginner you have to deal with this subject in a two different ways ONE - If your organization is interested in taking-up this legally you have to do that. Before that you collect all documentary and other evidences to establish that he defamed the company Image. A company can take this stand if his actions are really damaging and the organization wants to spend money in order not to set a bad precedent in the Organization.
TWO - Whatever the problem that you assess in him is attitude problem. This will never go away from him so easily. Feed-back from the previous employers would have given you
a picture about him if the recruitement process was done in a better way. So, pl make the " Previous Employer's reference check " a compulsory process
As a HR person our duty is to recruit the human assets. Please do not compromise for anything as far as the recruitment is concerned.A HR person should be able to assess a candidate just by seeing him or within five minutes after meeting him. If you grow to that level, you will never have any problem in your career .
From India, New Delhi
3It is very good to understand that your thinking is good and it supports your organizational growth.
These are the cases that normally comes in our career quite frequently.
As a beginner you have to deal with this subject in a two different ways ONE - If your organization is interested in taking-up this legally you have to do that. Before that you collect all documentary and other evidences to establish that he defamed the company Image. A company can take this stand if his actions are really damaging and the organization wants to spend money in order not to set a bad precedent in the Organization.
TWO - Whatever the problem that you assess in him is attitude problem. This will never go away from him so easily. Feed-back from the previous employers would have given you
a picture about him if the recruitement process was done in a better way. So, pl make the " Previous Employer's reference check " a compulsory process
As a HR person our duty is to recruit the human assets. Please do not compromise for anything as far as the recruitment is concerned.A HR person should be able to assess a candidate just by seeing him or within five minutes after meeting him. If you grow to that level, you will never have any problem in your career .
From India, New Delhi
Hi satish,
As F&F is done from your side and he accepted it, best things is to stop such nonsense is go ahead with legal actions. No employee or ex employees can misuse or use company logo, Name, any articles, website/URL etc... without permission from authority.
I would suggest you to go through the appointment letter format of your oragnisation where in all these clauses are there.
If these clauses are not there in the appointment letter add it for avoiding such issues in future.
From India, Bangalore
As F&F is done from your side and he accepted it, best things is to stop such nonsense is go ahead with legal actions. No employee or ex employees can misuse or use company logo, Name, any articles, website/URL etc... without permission from authority.
I would suggest you to go through the appointment letter format of your oragnisation where in all these clauses are there.
If these clauses are not there in the appointment letter add it for avoiding such issues in future.
From India, Bangalore
Dear Sharmaji,.
One thing I noticed, that everyone in your organization seems tobe unhappy if so why he was found material for selection in another company because he must have something.
Now, lets come to his attitude part, I come across many such employees with attitude problem but who have more potential and do things differently and proved genious to my company in couple of years. These kind of people are innovative and do not work in steoriotype culture where their Boss is midiocare or average person who is working for saving his jobs. Then conflict starts. I have seen in my expereince same people superseeds his Boss and become Boss of his own Boss.
We did that because they were highly sprited, innovative and quick in reading the market or demands of time and influence Vice Presidents to change their stratagies. Even more often we found VP consulting these employees in person on their personal situation or performance etc.
We must understand why people get frustrated and starts defaming the company because enviornment does not protect them. As HR professional I will advise to see defects in your working enviornment because everyone who is working is not happy they are just working to wait for monthly salaries to finish their monthly attendence. But these kind of extra ordinary people we have to understand as different people from average lot.
I have sincere advise to you Mr.Sharma, Do not spoil employment or job opportunity of even your enemies in life. This kind of attitude is not good if you cannot do good to others keep quite. But do not harm his prospects for employment or job in any company.
Regards,
Partho
From Saudi Arabia
One thing I noticed, that everyone in your organization seems tobe unhappy if so why he was found material for selection in another company because he must have something.
Now, lets come to his attitude part, I come across many such employees with attitude problem but who have more potential and do things differently and proved genious to my company in couple of years. These kind of people are innovative and do not work in steoriotype culture where their Boss is midiocare or average person who is working for saving his jobs. Then conflict starts. I have seen in my expereince same people superseeds his Boss and become Boss of his own Boss.
We did that because they were highly sprited, innovative and quick in reading the market or demands of time and influence Vice Presidents to change their stratagies. Even more often we found VP consulting these employees in person on their personal situation or performance etc.
We must understand why people get frustrated and starts defaming the company because enviornment does not protect them. As HR professional I will advise to see defects in your working enviornment because everyone who is working is not happy they are just working to wait for monthly salaries to finish their monthly attendence. But these kind of extra ordinary people we have to understand as different people from average lot.
I have sincere advise to you Mr.Sharma, Do not spoil employment or job opportunity of even your enemies in life. This kind of attitude is not good if you cannot do good to others keep quite. But do not harm his prospects for employment or job in any company.
Regards,
Partho
From Saudi Arabia
Dear All,
The suggestions are vivid , but we as HR professional need to address these issues.
This employee has got in touch with all others and have started creating nuisance for us. He has created more blogs and posting bad about few of our staff and trying to malign their name. One among them is a lady. We know this is the person creating these things but are so helpless and not in position to anything.
Can anyone suggest a way to stop these blogs, as this is creating problem in few employees personal life and they are having difficulty handling their spouse.
From India, Mumbai
The suggestions are vivid , but we as HR professional need to address these issues.
This employee has got in touch with all others and have started creating nuisance for us. He has created more blogs and posting bad about few of our staff and trying to malign their name. One among them is a lady. We know this is the person creating these things but are so helpless and not in position to anything.
Can anyone suggest a way to stop these blogs, as this is creating problem in few employees personal life and they are having difficulty handling their spouse.
From India, Mumbai
Dear Partho,
First of all i am not responsible for spoiling his career or finding new job opportunities, he himself is spoiling his career by putting blogs on various websites.
Being an HR person if somebody's reference check will come to you, what will u do? will u provide the correct information available in the Personal file or you will accept the wrong information provided by him to his present employer. Then in that situation first first question is why we should do the reference check if we are not able to provide the right feedback. I just have done that only.
In writing i cannot give any false information to any of my colleagues in the industry so that on a later stage when he will move to another organisation, he face the same problem as he is facing here. I a way i am trying to help him and advising him not to give false information in the future to any of his prospect employer.
I am not doing anything based on my own attitude, but trying to take advise that in situation what other companies do i want to know that only. Being the same case in your organisation, will u let this person to give false information and verify it OR would you suggest him not to do so, because that may cause him trouble in future as well. because wherever you will go now a days every comapny does emplyee background verification.
regards
--
From India, New Delhi
First of all i am not responsible for spoiling his career or finding new job opportunities, he himself is spoiling his career by putting blogs on various websites.
Being an HR person if somebody's reference check will come to you, what will u do? will u provide the correct information available in the Personal file or you will accept the wrong information provided by him to his present employer. Then in that situation first first question is why we should do the reference check if we are not able to provide the right feedback. I just have done that only.
In writing i cannot give any false information to any of my colleagues in the industry so that on a later stage when he will move to another organisation, he face the same problem as he is facing here. I a way i am trying to help him and advising him not to give false information in the future to any of his prospect employer.
I am not doing anything based on my own attitude, but trying to take advise that in situation what other companies do i want to know that only. Being the same case in your organisation, will u let this person to give false information and verify it OR would you suggest him not to do so, because that may cause him trouble in future as well. because wherever you will go now a days every comapny does emplyee background verification.
regards
--
From India, New Delhi
Reference check should address following:
1. Criminal Offence
2. Frauds
3. Abusive language with superiors
4. Misbehaviour
5. Integrity with the Company
Beyond this above mentioned dark sides or issues nothing is serious to affect prospective employers interest.
There are occassions when employees are sacked or terminated for some personal opinions formed by some Managers or Group of employees, for example love affairs, lureing with ladise staff, late comming or Arguing with Boss of official matters, showing adament approach etc that results in the termination of employee shall not be mentioned as negative remarks for drawing to the notice of prospective employer's reference because these are not permanent traits and people change behaviour with time and maturity.
We should avoid harming employee's job prospects in reference because of our envy or personal vieing that he got better organization with better pay package.
I always advise my Managment not to trust thes reference chack beyond one point because Most of Indians do envy or speak negative about their ex-emloyees and also reflect presonal grudge in their remarks. This is weakness of most of the people.
People do not want others prosper. This is only truth, therefore its test of your HR approach how you treat your ex-employees and Do you respect employees or not?
So do not write negavive remarks on reference chack, this is misuse of reference check objective.
AS HR PROFESSIONAL ITS OUR DUTY TO DECIDE WHAT IS WORTH REPLYING AMONG REFERENCE CHECK LIST QUESTIONS.
WE ARE NOT BOUND TO REPLY EVERY QUESTION WHICH ASK ABOUT FOLLOWING:
PERFORMANCE: No performance appraisal syatem is defendable or even rating system to performance appraisal is also arbitary. Therefore we should not blame employee for low rating to his future employer.
People like me can challenge validity of the Performance Appraisal in court if your remarks found damaging my career prospects. May performance of employee worse but these instruments cannot be defendable in the court of law.
EMPLOYEE SALARY: This is again confidential information which can be substantiate with IT return we need not follow questionnire of future employer.
BAD BEHAVIOUR/MISCONDUCT/INTEGRITY WITH COMPANY: This kind of information require legal document to prove that proper legal procedure domestic enquiry etc is followed before terminating employee on the grounds explained. If employee manage to recover your refernce check report submitted by you and challenge the validity in court you will be in trouble.
Its not easy to blame employees without being having strong evidance on record to defend your reference check comments.
Please remember these points.
Regards
Abraham
From Saudi Arabia
1. Criminal Offence
2. Frauds
3. Abusive language with superiors
4. Misbehaviour
5. Integrity with the Company
Beyond this above mentioned dark sides or issues nothing is serious to affect prospective employers interest.
There are occassions when employees are sacked or terminated for some personal opinions formed by some Managers or Group of employees, for example love affairs, lureing with ladise staff, late comming or Arguing with Boss of official matters, showing adament approach etc that results in the termination of employee shall not be mentioned as negative remarks for drawing to the notice of prospective employer's reference because these are not permanent traits and people change behaviour with time and maturity.
We should avoid harming employee's job prospects in reference because of our envy or personal vieing that he got better organization with better pay package.
I always advise my Managment not to trust thes reference chack beyond one point because Most of Indians do envy or speak negative about their ex-emloyees and also reflect presonal grudge in their remarks. This is weakness of most of the people.
People do not want others prosper. This is only truth, therefore its test of your HR approach how you treat your ex-employees and Do you respect employees or not?
So do not write negavive remarks on reference chack, this is misuse of reference check objective.
AS HR PROFESSIONAL ITS OUR DUTY TO DECIDE WHAT IS WORTH REPLYING AMONG REFERENCE CHECK LIST QUESTIONS.
WE ARE NOT BOUND TO REPLY EVERY QUESTION WHICH ASK ABOUT FOLLOWING:
PERFORMANCE: No performance appraisal syatem is defendable or even rating system to performance appraisal is also arbitary. Therefore we should not blame employee for low rating to his future employer.
People like me can challenge validity of the Performance Appraisal in court if your remarks found damaging my career prospects. May performance of employee worse but these instruments cannot be defendable in the court of law.
EMPLOYEE SALARY: This is again confidential information which can be substantiate with IT return we need not follow questionnire of future employer.
BAD BEHAVIOUR/MISCONDUCT/INTEGRITY WITH COMPANY: This kind of information require legal document to prove that proper legal procedure domestic enquiry etc is followed before terminating employee on the grounds explained. If employee manage to recover your refernce check report submitted by you and challenge the validity in court you will be in trouble.
Its not easy to blame employees without being having strong evidance on record to defend your reference check comments.
Please remember these points.
Regards
Abraham
From Saudi Arabia
Mr. Sharma-
There are two ways to look at it -
1. Ignore the errant emplyee all together. Use the age old philosophy - Hathi chlta hai aur kuttey bhoktey hai. He will cool down considerably if he see no reaction from you or the company. But my suggestion do record what he says or does against the organization. (BTW: Do you have substantial eveidence that he is the only one who is abusing you / your company. have you tried to verify the source of information? My suggestion - be thorough and precise)
OR
2. Take a leagal course: Usage of company realted info or material by the employee for personal purposes is against the law. You can lodge a defamation case against him on behalf of the company right away. And trust me our laws are pretty stringent about this. Pls consult a good lawyer about this issue and take things forward from there. A simple show cause notice will be enough i suppose for your pschyo. Even if he counter reacts... you can file a leagal suit which he will loose (based on the infor provided by you - do consult a lawyer)
From United Kingdom, London
There are two ways to look at it -
1. Ignore the errant emplyee all together. Use the age old philosophy - Hathi chlta hai aur kuttey bhoktey hai. He will cool down considerably if he see no reaction from you or the company. But my suggestion do record what he says or does against the organization. (BTW: Do you have substantial eveidence that he is the only one who is abusing you / your company. have you tried to verify the source of information? My suggestion - be thorough and precise)
OR
2. Take a leagal course: Usage of company realted info or material by the employee for personal purposes is against the law. You can lodge a defamation case against him on behalf of the company right away. And trust me our laws are pretty stringent about this. Pls consult a good lawyer about this issue and take things forward from there. A simple show cause notice will be enough i suppose for your pschyo. Even if he counter reacts... you can file a leagal suit which he will loose (based on the infor provided by you - do consult a lawyer)
From United Kingdom, London
Dear Mr. Sharma,
We are a Consultancy firm based in Delhi dealing in HR and legal matters. If you wish, we can help you in the matter.
Kindly provide us your contact details or contact us at:
E-173, Kalkaji, New Delhi - 110019
011-4055 3774
Thanks,
Kind Regards,
Avika Kapoor
Manager - Business Development
9310270884
From India, New Delhi
We are a Consultancy firm based in Delhi dealing in HR and legal matters. If you wish, we can help you in the matter.
Kindly provide us your contact details or contact us at:
E-173, Kalkaji, New Delhi - 110019
011-4055 3774
Thanks,
Kind Regards,
Avika Kapoor
Manager - Business Development
9310270884
From India, New Delhi
Dear madam,
You cannot do anything in this case. :-P
Employee enjoy liberty to write on any blog to post his views.:icon6:
If you advise everyone who blog's on various sites to file defamation cases agaist such internet blogging posts then Indian Judicial System will face 1000 years to deliever justice. :-D
Because even today average trial period in India to dispose off one case takes at least 25 years. :idea:
Partho
From Saudi Arabia
You cannot do anything in this case. :-P
Employee enjoy liberty to write on any blog to post his views.:icon6:
If you advise everyone who blog's on various sites to file defamation cases agaist such internet blogging posts then Indian Judicial System will face 1000 years to deliever justice. :-D
Because even today average trial period in India to dispose off one case takes at least 25 years. :idea:
Partho
From Saudi Arabia
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Employee Appraisal Form new.doc