hi what is important is ethical behavior on part of the dismissed employee. however, if the guys under are moving then look at what is prompting this move. are they hand in glove with him during his action of commission and omission. in such a scenario, talk to the remaining entire team. give them a general pardon (difficult). have a cut off period for their misdemeanours. bring an inhouse guy with good character and experience, build a team around him. good riddance for the guys who are quitting. they maybe creepers who are not confident of working on their own and need a stick to lean on.

best thing for the company is to move on. survey the mess, take control of the situation. talk to your customers and see that they are not poached on (that is critical). let ur management circulate to these companies the action of the fired guy and warn him of the consequences for dealing with him.

not a bad time to start afresh. if possible bring back former employees who quit because they could not work with the sacked guy. give these guys good position, pay and responsibility. may work as they guys would like to prove their worth.

i have shifted 3 jobs in the last 4 years. as a matter of principle i did not go into competitor as i felt it bit unethical.

hope for the best. tough times last but tough people don't

ramesh

From India, Madras
hi jane, then follow the legal process. if the guy has no scruples in joining a competitor and is hell bent on destroying ur company, the next option is to destroy his livelihood. no sweat. he may bring down ur entire company, reputation and the life of all of you and ur families. don't let this.
an eye for an eye in this case is the only solution. either you hit or he hits. better be safe than sorry. i support your boss. if i were in his situation, i would seen that the ba..d is handed over to police, brought to justice and forced to spend the rest of his life in jail. the loss of his accomplices does not matter. its a step in the right direction. bring in good guys, re-structure ur company and this situation may help ur company get out better and more successful
ramesh

From India, Madras
Dear Autumn

It is amazing to know that , " He has been with the company for 28 years.."

Consdering he was "an Inspector and was only promoted to HOD two years back during a restructuring", you have rightly arrived at "we have promoted a good technical staff into a people management role without providing him the necessary training to become an effective manager. "

It is good that you "have already strengthened these two aspects" - (recruitment and selection; training and development).

And your observation, "I personally think that the company has failed him." displays your maturity in umderstanding people.
  • Organizations, like people, learn from their mistakes.
  • Understanding people's motive and irrational behaviors at work is a complex issue.

About the corrective steps :
  • Under the circumstances, you have been left with no option but to retaliate approporiately.
  • A letter through a lawyer is an excellent solution, in case there is enough legal substance in the employment agreement of these employees.
  • Beefing-up the concerned department immediately.
  • Anticipate and look for other trouble spots.

Regards.


From India, Delhi
Dear Friend,
Let them leave the organisation, because, they are not trustworthy. Get a new H.O.D. through him get new people and continue the work. Never go behind those people who left the organisation. It is common thing people join and leaving organisations, but organisation is like a big tree, old leaves whether new leaves are growing.
Be happy.
shiv

From India, Delhi
Dear Jane,
I completely agree with Raj, and, i do not think the cause is management failing the employee here.
The cause you have highlighted is gross ethical misconduct. Such issues are not caused because of poor training or developmental inputs (though can be corrected through some expert individual coaching). I am sure he must have been involved in similar acts earlier that somehow escaped the attention.
Apart from taking action as advised by Raj, it may not be a bad idea to look at his team members and ask people who have been involved with him to go as well. By the way of approval, they have demonstrated the same ethical behaviour as HOD (i don't wish to call him a leader). You might be preempting these separations (as you have said that you are expecting some more resignations). Such an action will send a strong message and possibly stop some in their tracks.

From India, Jaipur
hi all,
It was nice to see many people giving differen tsuggestion
some are even talking about going legal agaist him
but jane what i would suggest is that , what that person did was
very normal and many people follow this practice.
Giving benefit to employess and leaking information
not only intentionlly but because of casual behaviou as well
The need of time is strong leader with a proven track record and
a person who can fill a confidence int the team that they can grow
if they perform better at you organisation and the habit they were carrrying of getting extra benefit will just reap them short term benefit in
case they want to be really successful they just need to work hard and get good promotions and look for long term benefits.
evertything will be ok. some resignation dosent mean all will resign
have faith in your team

From India, Delhi
Dear Ms Jane,
Don't worry of the staff and other who were left with him. If you know anyone of the team member currently in your organisation, and if you identify that so and so is helping the ex-team leader in the competitor's organisation, be cautious with the staff.
HR has to support the organisation to save from the competitor too about business process.
Identify a good member and give him/her more responsibility. He/she will help to form an excellent team and improve the business.
With regards,
IRUNGOVEL

From India, Madras
hi, as such there is no law exist in India under which you can retain an employee, even otherwise you can,'t stop an employee to join anywhere. Althought the HOn'ble Supreme Court in some cases held that restriction imposed by the employer not to join his compititor or the insdurty engaged in same kind of business/activity maintained only for only for a short period like 1or two three months but totally putting restriction is not tenable in the eye of law .Our constitutuin provide professing of any trade & business of his individuals own choice also as per section 27 of indian contract act, an agreement which restraint on trade is void.
I would further like to clarifiy that allthough you have very right to file a civil suit for permanant injunction but it is very difficult to prove that in such case, so you will not suceed in it.So i advised not to intiate any legal proceedings.Yes you can send a letter/notice through lawyer it may be some kind of effective.
Sanjay
Advocate


Hi Jane
You should be happy that all the black sheeps are getting out of their own. Good riddance . Isn't it.
I would not worry about this kind of poaching or attrition whatever you may call it. Instead I would concentrate on inducting good replacements.
Sending advisory to the new employer of your ex and terminated employee will certainly be not good.He might bad mouth your organization in order to save himself. Let his new employer find out themselves about him . After all it is their responsibility to ascertain employee's past record / antecedents.
Best
jai.

From India
Autumn, if I may:, there is an old saying that the apple does not fall from the tree. It sounds like this department is of all one seed. Best step is to clean house and restructure.
In the world of business, integrity is key for long life. Take time to sharpen up your company's interviewing skills, reference checking procedures, and evaluation systems.
This will pass. Be well..
Dr. Marc
PS 63:7

From United States, Calhoun
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