Dear All,
I played the role of HR for terminating one of our employee. It is because he was involved in financial irregularities and a poor performer. He was caught raid handed couple of days back and yesterday it was decided and today letter was handed over to him.
My concern is I don’t have written evidence and I am trying to collect all those. Regarding notice period is he eligible? Things went so fast that I was not able to be efficiently.
This is the first time I have done half hazard. I am feeling bad as I am doing this after a year.
Need your advice to be on safe side as he is not a workman.
From India, Bhubaneswar
135I played the role of HR for terminating one of our employee. It is because he was involved in financial irregularities and a poor performer. He was caught raid handed couple of days back and yesterday it was decided and today letter was handed over to him.
My concern is I don’t have written evidence and I am trying to collect all those. Regarding notice period is he eligible? Things went so fast that I was not able to be efficiently.
This is the first time I have done half hazard. I am feeling bad as I am doing this after a year.
Need your advice to be on safe side as he is not a workman.
From India, Bhubaneswar
Dear Abedeen,
In your post you have clubbed two issues, one is financial irregularities and another is poor performance. Both merit termination from employment but connotation differ in each case.
"Financial irregularities" is serious misconduct and you should have ordered domestic enquiry. This misconduct overrides "poor performance". But in your post nowhere you have mentioned about the enquiry. Hope this does not backfire on your company in general and you in particular.
In second paragraph you have written that "you do not have written evidence". Then what evidence you have? On what ground you have terminated that employee? Have you obtained any statement from employee?
Please provide this additional information. Other members will give their opinions.
Ok...
Dinesh V Divekar
From India, Bangalore
In your post you have clubbed two issues, one is financial irregularities and another is poor performance. Both merit termination from employment but connotation differ in each case.
"Financial irregularities" is serious misconduct and you should have ordered domestic enquiry. This misconduct overrides "poor performance". But in your post nowhere you have mentioned about the enquiry. Hope this does not backfire on your company in general and you in particular.
In second paragraph you have written that "you do not have written evidence". Then what evidence you have? On what ground you have terminated that employee? Have you obtained any statement from employee?
Please provide this additional information. Other members will give their opinions.
Ok...
Dinesh V Divekar
From India, Bangalore
Dear member
Before going to take any legal action please check the following
1. Consult the appointment letter
2. Discuss with labor lawyer
3. Check how the company is protected with the legal action taken against the employee.
4. If nothing is mentioned in the appointment letter consult with the senior HR professionals.
Otherwise it may bounced back to company.
thanks
nabolbona
From India, Calcutta
Before going to take any legal action please check the following
1. Consult the appointment letter
2. Discuss with labor lawyer
3. Check how the company is protected with the legal action taken against the employee.
4. If nothing is mentioned in the appointment letter consult with the senior HR professionals.
Otherwise it may bounced back to company.
thanks
nabolbona
From India, Calcutta
I have earlier mentioned he was caught raid handed but no documentation was done. He has agreed and I have asked employees who have caught him to collect all evidences. We have evidences in our IT system only to compile them.
I agree this was not done properly because this decision was made in a hurry by the management.
We are ready to pay notice pay as per employment contract. I have experience of handling these kind situations.
From India, Bhubaneswar
I agree this was not done properly because this decision was made in a hurry by the management.
We are ready to pay notice pay as per employment contract. I have experience of handling these kind situations.
From India, Bhubaneswar
Dear Abedeen,
Keeping your experience in handling such situations" apart., the action described has been taken in a very casual way. Whether it is red(raid) handed or white handed with out following proper legal procedure, due legal process your action will not stand the test of legal scrutiny. The opportunity for displaying "natural justice" is not there in your case, I presume. It appears there are a lot of scope to take you to the court whether you pay the notice pay or not, you shouldn't be surprised if the court orders reinstatement with back wages with interest. On top of it U said NO evidence. Crazy. A normal person who lost a job will not keep quiet. How long he served with you ?
From India, Bangalore
Keeping your experience in handling such situations" apart., the action described has been taken in a very casual way. Whether it is red(raid) handed or white handed with out following proper legal procedure, due legal process your action will not stand the test of legal scrutiny. The opportunity for displaying "natural justice" is not there in your case, I presume. It appears there are a lot of scope to take you to the court whether you pay the notice pay or not, you shouldn't be surprised if the court orders reinstatement with back wages with interest. On top of it U said NO evidence. Crazy. A normal person who lost a job will not keep quiet. How long he served with you ?
From India, Bangalore
Hi Abedeen,
In such circumstances when there is financial mismanagement, taking bribe, theft etc., which are considered as very serious issues, you may ask the employee concerned to submit his/her resignation which is the most comfort way of getting an employee separated without affecting or leading to any legal complications in normal cases. Poor performance I believe is not a major concern and there may be certain poor performers in each organization. Few poor performers are also recquired to support the best performers!. In the event of terminating any employee you may conduct an enquiry, (if he is below managerial cadre) make documents and keep all supporting documents also to face any legal issues at a later stage. You may pay his notice period and retrenchment compensation which is 15 days salary for each completed year in the event of you terminate a person. HR job is like that. Sometimes it is very pleasant and sometimes you have to act like this. Don't worry about anything. You are professionally correct. All the best.
Balakrishnan
From India, Ahmadabad
In such circumstances when there is financial mismanagement, taking bribe, theft etc., which are considered as very serious issues, you may ask the employee concerned to submit his/her resignation which is the most comfort way of getting an employee separated without affecting or leading to any legal complications in normal cases. Poor performance I believe is not a major concern and there may be certain poor performers in each organization. Few poor performers are also recquired to support the best performers!. In the event of terminating any employee you may conduct an enquiry, (if he is below managerial cadre) make documents and keep all supporting documents also to face any legal issues at a later stage. You may pay his notice period and retrenchment compensation which is 15 days salary for each completed year in the event of you terminate a person. HR job is like that. Sometimes it is very pleasant and sometimes you have to act like this. Don't worry about anything. You are professionally correct. All the best.
Balakrishnan
From India, Ahmadabad
Hello Kumar,
I appreciate your views and suggestion.
The decision is made and cannot be reverse. Management should not be scared for the consequences to take strong steps. We have all evidence recorded in our IT system. We have followed natural justice as we are paying notice pay in lieu of notice days mentioned in the employment contract. Financial irregularities are serious misconduct and company is not liable to pay notice pay against it.
He lost his job for his deed we didn’t. We have zero tolerance to this.I am not doing this for myself.
From India, Bhubaneswar
I appreciate your views and suggestion.
The decision is made and cannot be reverse. Management should not be scared for the consequences to take strong steps. We have all evidence recorded in our IT system. We have followed natural justice as we are paying notice pay in lieu of notice days mentioned in the employment contract. Financial irregularities are serious misconduct and company is not liable to pay notice pay against it.
He lost his job for his deed we didn’t. We have zero tolerance to this.I am not doing this for myself.
From India, Bhubaneswar
Dear Abedeen,
You have managed the process this time. However, please considering setting-up the process for Separation. You will find many documents and process flow shared. They can be your point of reference .
Before you finalise, validate every step with a lawyer. Operational processes may appear to be simple and transactional, yet needs to remain unchallenged in the court of law.
Wish you all the best !
From India, Mumbai
You have managed the process this time. However, please considering setting-up the process for Separation. You will find many documents and process flow shared. They can be your point of reference .
Before you finalise, validate every step with a lawyer. Operational processes may appear to be simple and transactional, yet needs to remain unchallenged in the court of law.
Wish you all the best !
From India, Mumbai
Thanks (Cite Contribution),
Your suggestion is right, I admit this time it was all in a hurry decided by the management. I have asked the same to management. Now I am preparing the disciplinary and exit process for the company.
I once again thanks for your valuable input.
From India, Bhubaneswar
Your suggestion is right, I admit this time it was all in a hurry decided by the management. I have asked the same to management. Now I am preparing the disciplinary and exit process for the company.
I once again thanks for your valuable input.
From India, Bhubaneswar
If you caught red handed, what stopped you from recording the same in writing. You could have obtained a written statement from him stating that I have done misappropriation of fund due to ________ reason. In future I will not do any wrong thing which is against the company and its policies. Hence I seek sincere apologies for the act I have done. Further from his section head one more statement may be obtained stating that his subordinate has involved in some financial irregularities which is against the company's norms.
With this simple paper you could have started creating the records.
Further as advised by Ms. (Cite Contribution) you can start processing the Separation Policy for your company, which will guide you as well as inform others how and when to process the separation papers.
From India, Kumbakonam
With this simple paper you could have started creating the records.
Further as advised by Ms. (Cite Contribution) you can start processing the Separation Policy for your company, which will guide you as well as inform others how and when to process the separation papers.
From India, Kumbakonam
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