Dear Friends,
It seems the interview was carried out without due diligence. Still, the content of selecting the person is not clearly fit for the recruitment process. Anyhow, it happened with bad taste, and the institution understands the person brought into the organization is neither fit nor good for the post of selection.
Enquiring about salary and other things is not a crime. Each employee interaction with others must have attracted in some sense. In fact, the employees expressed their desires and displeasure to the newer one and received suggestions. Surprisingly, real issues erupted.
The new employee got in touch with the HOD with notorious intentions, and it appears so. Clearly, he got the complete history of the organization in the process, where the weak shell was exposed.
Now, the question is, investigations reveal that the employee was not prominent with the previous employer.
Please call the employee directly into the cabin and conduct an interview for the suitable post with a set of questionnaires. We will ask three questions about the employee:
First Set of Questions
A) Why did he leave/resign from the previous job?
B) What were the reasons for leaving the previous job?
C) What difficulties did he face in the previous job personally and with the organization's goals?
Second Set of Questions:
D) What are his future plans in the new organization?
E) What special skills does he possess that the new organization can benefit from and develop?
F) What are his views on joining the new organization?
Third Set of Questions:
G) What would the employee do if someone is gossiping in the workplace?
H) What action would be taken if someone provides false certificates about relief from previous employment?
I) Is it right for someone outside the organization to interfere in the workplace?
These are difficult questions, yet they are necessary to form the employee and trap him to get the relief. The organization is more important than the self...
Thank you.
From India, Arcot
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177It seems the interview was carried out without due diligence. Still, the content of selecting the person is not clearly fit for the recruitment process. Anyhow, it happened with bad taste, and the institution understands the person brought into the organization is neither fit nor good for the post of selection.
Enquiring about salary and other things is not a crime. Each employee interaction with others must have attracted in some sense. In fact, the employees expressed their desires and displeasure to the newer one and received suggestions. Surprisingly, real issues erupted.
The new employee got in touch with the HOD with notorious intentions, and it appears so. Clearly, he got the complete history of the organization in the process, where the weak shell was exposed.
Now, the question is, investigations reveal that the employee was not prominent with the previous employer.
Please call the employee directly into the cabin and conduct an interview for the suitable post with a set of questionnaires. We will ask three questions about the employee:
First Set of Questions
A) Why did he leave/resign from the previous job?
B) What were the reasons for leaving the previous job?
C) What difficulties did he face in the previous job personally and with the organization's goals?
Second Set of Questions:
D) What are his future plans in the new organization?
E) What special skills does he possess that the new organization can benefit from and develop?
F) What are his views on joining the new organization?
Third Set of Questions:
G) What would the employee do if someone is gossiping in the workplace?
H) What action would be taken if someone provides false certificates about relief from previous employment?
I) Is it right for someone outside the organization to interfere in the workplace?
These are difficult questions, yet they are necessary to form the employee and trap him to get the relief. The organization is more important than the self...
Thank you.
From India, Arcot
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Does your offer have the terms and conditions that if any of the declarations made by the applicant is false or found to be incorrect, then the services can be terminated immediately without any other reason? Then issue the offer letter and take the acknowledgment of the candidate on the copy that he has agreed to all the terms and conditions of the offer. After finding out his previous employers' report that he has produced fake ones or if the report is not satisfactory, simply terminate him by quoting the clause of the offer of appointment. Let him go through the legal procedure.
From India, Mysore
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From India, Mysore
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Fire immediately if his previous company relieving documents are not genuine.
From India, Delhi
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From India, Delhi
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If the candidate is not appointed, then the question of his termination does not arise at all. As regards the offer letter, if it has been accepted by the candidate, then his acceptance can also be terminated if the documents are found fake. Concerning the behavior of candidates, he can be immediately terminated on grounds of false behavior. In terms of legal suits, etc., create enough witnesses and evidence and be prepared to fight back. A strict hiring process with strong clauses is what is needed to avoid future failures.
Thanks to all senior members for their special attention to these kinds of issues and their valuable advice.
From India, Vadodara
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Thanks to all senior members for their special attention to these kinds of issues and their valuable advice.
From India, Vadodara
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Dear Ms. Aakansha,
You must have a clause in your offer letter regarding non-submission of relevant documents at the time of joining would prevent one to join the company.
It is around 15 days; you may issue a letter with three days time limit citing non-submission would lead to termination of employment.
Apart from this you must mention following things in your letter:
• Co. Permit him to join on his verbal assurance to submit documents with 5 days at
the time of joining.
• Repeated verbal reminder regarding submission of documents.
• As per company policy, you can’t issue appointment letter before submitting
required documents.
Then after three days, you may terminate his employment for non-submission of documents.
As per Schedule-I of Model standing order section 2 (b) his service is less than 3 months in such case you are not liable to pay any compensation except salary till date.
As per ID act, he has not completed 240 days service so his service is less than 1 year. This will limit his litigation chances.
If employee refuse to accept letter than you should send it (include this as well in letter at his residential address through register post and past the same on co. notice board.
Regards,
Rahul
From India, Varanasi
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You must have a clause in your offer letter regarding non-submission of relevant documents at the time of joining would prevent one to join the company.
It is around 15 days; you may issue a letter with three days time limit citing non-submission would lead to termination of employment.
Apart from this you must mention following things in your letter:
• Co. Permit him to join on his verbal assurance to submit documents with 5 days at
the time of joining.
• Repeated verbal reminder regarding submission of documents.
• As per company policy, you can’t issue appointment letter before submitting
required documents.
Then after three days, you may terminate his employment for non-submission of documents.
As per Schedule-I of Model standing order section 2 (b) his service is less than 3 months in such case you are not liable to pay any compensation except salary till date.
As per ID act, he has not completed 240 days service so his service is less than 1 year. This will limit his litigation chances.
If employee refuse to accept letter than you should send it (include this as well in letter at his residential address through register post and past the same on co. notice board.
Regards,
Rahul
From India, Varanasi
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Just throw him out. His lawyer father is only threatening and cannot do much.
From India, Delhi
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From India, Delhi
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Dear Ms. Akasha,
Under what circumstances can employment be terminated?
There can be many grounds and reasons which can result in the termination of an employee, some of which are as follows:
1. Inefficiency of an employee - If the employer finds that the employee is not efficient enough and is not contributing to the growth and productivity of the business due to poor performance, then it is a strong reason for termination. Though generally, this clause is not inserted in contracts, in recent times there is a clause in the contract related to achieving a specific target in a certain time period, which if not achieved can lead to termination.
2. Disclosure of Confidential Provisions of the Company - It is the moral and legal duty of employees not to disclose any trade secret, confidential data, discussions, and policies to any third party not associated with the company, as this could lead to losses and damage to the business.
3. Breach of the employment contract - If an employee violates the terms and clauses mentioned in the contract and does not perform according to the conditions on the basis of which they were hired and posted at a particular designation, the employer can use it as a strong reason for termination.
4. Misconduct by the employee - If an employee acts outside their authority and engages in any improper behavior and misconduct that may cause loss or damage to the enterprise, the employer has the right to terminate the employment contract.
The following case discusses the termination of an employee who acted outside their authority, which can be considered misconduct: State Of Uttar Pradesh And Anr vs Kaushal Kishore Shukla 1991 SCR (1) 29, 1991 SCC (1) 691 is an example.
Thanks & Regards,
Somnath Prasad
From India, Delhi
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Under what circumstances can employment be terminated?
There can be many grounds and reasons which can result in the termination of an employee, some of which are as follows:
1. Inefficiency of an employee - If the employer finds that the employee is not efficient enough and is not contributing to the growth and productivity of the business due to poor performance, then it is a strong reason for termination. Though generally, this clause is not inserted in contracts, in recent times there is a clause in the contract related to achieving a specific target in a certain time period, which if not achieved can lead to termination.
2. Disclosure of Confidential Provisions of the Company - It is the moral and legal duty of employees not to disclose any trade secret, confidential data, discussions, and policies to any third party not associated with the company, as this could lead to losses and damage to the business.
3. Breach of the employment contract - If an employee violates the terms and clauses mentioned in the contract and does not perform according to the conditions on the basis of which they were hired and posted at a particular designation, the employer can use it as a strong reason for termination.
4. Misconduct by the employee - If an employee acts outside their authority and engages in any improper behavior and misconduct that may cause loss or damage to the enterprise, the employer has the right to terminate the employment contract.
The following case discusses the termination of an employee who acted outside their authority, which can be considered misconduct: State Of Uttar Pradesh And Anr vs Kaushal Kishore Shukla 1991 SCR (1) 29, 1991 SCC (1) 691 is an example.
Thanks & Regards,
Somnath Prasad
From India, Delhi
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Dear Friend,
I would just say that if there is threat form individual directly or indirectly to company or its individual employee than it's right thing to do is neutralized it. Keep all the evidence within your custody that could be (written complaint by other employees, false documents given at the time of joining to get this job, any suspicious act, any audio or video conversation which show he is provoking other employee to act against the interest of company or creating such hostile environment that employee are unable concentrate on work) When such evidence are collected then ask employee to give justified reply against complaints by other employee under principle of natural justices, if his reply are unsatisfactory you can take necessary action against him.
At the same time it human behavior which act differently. Sometime it’s cursorily to know something, sometime they are just pin-pointing someone just to enjoy them-self to see how the other person react.
If you are afraid of his father’s bluff to sue organisation, I don't understand if your company is not wrong than why to be afraid of anything.
Just do what is right thing… take advice of everyone and do take decision yourself to do right thing. Like its said "Only person who go hurt can feel the pain" & only you can understand the gravity of the situation.
All the best with your search for right thing to do…
From India, Rohtak
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I would just say that if there is threat form individual directly or indirectly to company or its individual employee than it's right thing to do is neutralized it. Keep all the evidence within your custody that could be (written complaint by other employees, false documents given at the time of joining to get this job, any suspicious act, any audio or video conversation which show he is provoking other employee to act against the interest of company or creating such hostile environment that employee are unable concentrate on work) When such evidence are collected then ask employee to give justified reply against complaints by other employee under principle of natural justices, if his reply are unsatisfactory you can take necessary action against him.
At the same time it human behavior which act differently. Sometime it’s cursorily to know something, sometime they are just pin-pointing someone just to enjoy them-self to see how the other person react.
If you are afraid of his father’s bluff to sue organisation, I don't understand if your company is not wrong than why to be afraid of anything.
Just do what is right thing… take advice of everyone and do take decision yourself to do right thing. Like its said "Only person who go hurt can feel the pain" & only you can understand the gravity of the situation.
All the best with your search for right thing to do…
From India, Rohtak
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For the success of any organization, it must get good productivity out of its employees. The challenge is that "Three in four employers estimate that workers waste at least 2 hours a day" (Poppick, 2016). So what is a business manager to do? Here is what I have learned so far:
1. Start by hiring only the best candidates. Even when you are desperate, a bad hire is worse than no one. A bad hire can cost you thousands of dollars or, if really bad, your entire business. Find people that are driven to succeed, driven to make a difference, and that you could see becoming a manager someday. Ask good questions in the interview that set expectations.
2. Be the example. It never ceases to amaze me how a manager or parent can expect the best out of others and expect so little from themselves. Go to church, read a good book, work on your deficiencies, and become the person you desire to be. You will never be happy around others if you are not happy with yourself. The Bible is clear on this topic, "Since you judge others for doing these things, why do you think you can avoid God's judgment when you do the same things?" Romans 2:3 (NLT).
3. Set clear ground rules with a well-written and thorough employee handbook. The use of social media, etc., at work must be strictly prohibited.
4. Remove the obstacles in their path that prevent them from performing at peak performance. Sometimes the biggest obstacle is the individual himself/herself. Employees that are well-treated and progressing toward a brighter future are less likely to screw it up.
5. Work with the human resources department on a clear disciplinary policy. Give employees clear documentation when they fall short of the standard, what changes are expected, and by when. This will give them the opportunity to get better that you and they want. It will also help the morale of top-performing workers as they see that excellence or at least the best effort is the only acceptable standard. This will help the entire group perform better.
6. Finally, celebrate successes. Buy them a lunch. Hand out awards. Give them public recognition. Everyone wants to be special. In God's eyes, we all are. Why should we treat them any differently.
God Bless, David Kasbohm
From United States, New Braunfels
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1. Start by hiring only the best candidates. Even when you are desperate, a bad hire is worse than no one. A bad hire can cost you thousands of dollars or, if really bad, your entire business. Find people that are driven to succeed, driven to make a difference, and that you could see becoming a manager someday. Ask good questions in the interview that set expectations.
2. Be the example. It never ceases to amaze me how a manager or parent can expect the best out of others and expect so little from themselves. Go to church, read a good book, work on your deficiencies, and become the person you desire to be. You will never be happy around others if you are not happy with yourself. The Bible is clear on this topic, "Since you judge others for doing these things, why do you think you can avoid God's judgment when you do the same things?" Romans 2:3 (NLT).
3. Set clear ground rules with a well-written and thorough employee handbook. The use of social media, etc., at work must be strictly prohibited.
4. Remove the obstacles in their path that prevent them from performing at peak performance. Sometimes the biggest obstacle is the individual himself/herself. Employees that are well-treated and progressing toward a brighter future are less likely to screw it up.
5. Work with the human resources department on a clear disciplinary policy. Give employees clear documentation when they fall short of the standard, what changes are expected, and by when. This will give them the opportunity to get better that you and they want. It will also help the morale of top-performing workers as they see that excellence or at least the best effort is the only acceptable standard. This will help the entire group perform better.
6. Finally, celebrate successes. Buy them a lunch. Hand out awards. Give them public recognition. Everyone wants to be special. In God's eyes, we all are. Why should we treat them any differently.
God Bless, David Kasbohm
From United States, New Braunfels
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Dear Aakansha,
I think you already have enough inputs. I have had such experiences of somebody threatening my colleagues to sue our company since we have strong pieces of evidence in everything we do. We encouraged them to do so. Sometimes people take undue advantage when they know you are afraid. Be bold and face the situation. If you need any further inputs on how to build evidence, do let me know. You can write to me at my email. Good day.
Regards,
Hanu B Krishna
Serial Entrepreneur
From India, Bangalore
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I think you already have enough inputs. I have had such experiences of somebody threatening my colleagues to sue our company since we have strong pieces of evidence in everything we do. We encouraged them to do so. Sometimes people take undue advantage when they know you are afraid. Be bold and face the situation. If you need any further inputs on how to build evidence, do let me know. You can write to me at my email. Good day.
Regards,
Hanu B Krishna
Serial Entrepreneur
From India, Bangalore
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