paraddeepesh
Hi to all,
There is one question , if any of the employee of the company left the job without prior intimation or notice. after 6 months company found any discrepancy or fraud from that employee. so can employer follow him or ask him for clarification.
Please help me on this issue this is dead urgent question
Please reply me with full clarification. this is my humble request to all my seniors
Regards,
Deepesh

From India, Pune
Cite Contribution
1859

Greetings,

Every employer is liable to question any employee on the actions during the employment with the firm. Even if the employee have left the company, yet the fraud committed was found during the employment with the firm, company should start the investigation and will interrogate the employee.

Please consider the following steps :
  • Report the incident with the decision making authority and then register a formal communication with your legal advisor on this issue.Put it in writing right after the meeting including all the details discussed and approved.
  • Initiate the investigation and take a complete incident reporting including every data , with time, event, employees involved, levels of action, non-adherence to the policy and processes.
  • Verify and validate every data that is collected with evidence and factual representation.
  • Document every bit of the entire incident . If any one is informed about the investigation process. Keep a written proof with an email notification , sharing that the information is been shared with Mr. X which may include approval/acknowledgement/informed as applicable.
  • Communicate with the ex-employees connected to this scam and ask direct questions based on their actions during that event.
  • Take factual answers and leave no room for open ended reply.
  • The ex-employees are least likely to accept their actions .
  • Take signatures on the replies received on the questions you ask.
  • Finally on a face-to-face meeting confront the employee about the fraud . Please make sure your legal advisor is present in the meeting . At least on the conference phone line, if there is a distance issue.
  • The degree of punishment depends on the level of the fraud. Identify the business losses due to it and consult the business leaders and legal advisor on the punishment or corrective actions issued.
  • Once the action is taken on the employee for the scam, please do take a written apology letter noting every detail including what had happened , what was the role and actions taken by the employee, and how the employee agrees to the punishment issued.
  • Communicate actively with the legal advisor through out the issue.
  • Take every approval in written . Even if it is given verbally , document it in a mail saying this was the discussion and the actions to be taken remains as approved.
  • Finally document the entire file elaborately. Keep one copy for future reference during audit and maintain the other in the employee's file.

There are legal experts in this forum, request their advice on this.

Regards,
(Cite Contribution)




From India, Mumbai
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