Recently, we made the mistake of hiring a culture misfit in our company. The employee joined just 10 days ago. Since certain behavioral issues have already been reported and observed, we have refrained from providing an appointment letter to him.
The objectionable behavior includes gossiping, asking about other employees' salary details, and instigating others to leave the organization because he believes they are underpaid. We have received 7 to 8 complaints about this individual in the last 10 days. Additionally, my team members have witnessed his rude and arrogant behavior. Furthermore, his previous company terminated him, and his relieving documents are not genuine. We acknowledge this as a significant oversight in our document verification process and take responsibility for it. It is also a valuable learning experience for us.
When we attempted to counsel him, he stated that the company could ask him to leave. Subsequently, when we made the decision to do so, his father, who is a lawyer, contacted the Head of Department (HOD) and threatened to sue the company.
In such a situation, to protect the company from a candidate who we believe is not a good fit for the organization, proper documentation of all incidents, complaints, and actions taken is crucial. It is essential to follow the company's policies and procedures regarding termination and legal matters.
Regarding the employee's father who is threatening legal action, it is advisable to handle the situation calmly and professionally. Engaging with the company's legal counsel to address the threats and respond appropriately is recommended. Open communication, transparency, and adherence to legal protocols will be essential in managing this challenging situation.
From India, Nagpur
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22The objectionable behavior includes gossiping, asking about other employees' salary details, and instigating others to leave the organization because he believes they are underpaid. We have received 7 to 8 complaints about this individual in the last 10 days. Additionally, my team members have witnessed his rude and arrogant behavior. Furthermore, his previous company terminated him, and his relieving documents are not genuine. We acknowledge this as a significant oversight in our document verification process and take responsibility for it. It is also a valuable learning experience for us.
When we attempted to counsel him, he stated that the company could ask him to leave. Subsequently, when we made the decision to do so, his father, who is a lawyer, contacted the Head of Department (HOD) and threatened to sue the company.
In such a situation, to protect the company from a candidate who we believe is not a good fit for the organization, proper documentation of all incidents, complaints, and actions taken is crucial. It is essential to follow the company's policies and procedures regarding termination and legal matters.
Regarding the employee's father who is threatening legal action, it is advisable to handle the situation calmly and professionally. Engaging with the company's legal counsel to address the threats and respond appropriately is recommended. Open communication, transparency, and adherence to legal protocols will be essential in managing this challenging situation.
From India, Nagpur
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First of all, document his misbehavior date-wise, incident-wise with witnesses. Call him, counsel him, and warn him in writing. Take acknowledgment from the employee of the counseling and warnings. If you have proof of fake documents, just ask him to quit. Show cause notice can be issued for fake documents, and then terminate him without adverse remarks (since your company feels his legal talents can create problems). Call his bluff and terminate him by following due process. His lawyer father cannot do much if your due process meets the precepts of Natural justice. Don't get bogged down and suffer his irrational and objectionable behavior. Also, remember this father is not the only lawyer in the country. The process of selection and verification needs a review.
From India, Pune
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From India, Pune
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Dear Aakansha,
First and foremost, you deserve kudos for coming up with an actual workplace problem. Your honest admission of an anomalous selection brings out humbleness in you. Rather than showing zeal to educate others by downloading some article and uploading it on this forum, a discussion on these practical workplace problems maintains the distinctive spirit of this forum.
Going by the description of the candidate that you have selected, it can be deduced that the selected person is as good as a hot potato. Sooner you drop it the better. Nevertheless, he is insufferable too. Coupled with his insufferableness is presumptuousness or even cantankerousness of his father. He has thrown his weight around by calling the HOD of his son and passed innuendos of his profession to intimidate the HOD!
Anyway, Mr. Nathrao has given good suggestions. Let me add 1-2 more points. When the complaints are received from the persons working in other department(s), tell them to give written complaints and too with material evidence, if any. Secondly, you order a domestic enquiry on the falsification of the records of employment. It should not be that difficult for you to terminate him on this count.
Learning for HR Professionals: - The incident is a learning for all HR professionals. Admittedly, this is a recruitment disaster. Therefore, the question arises as to what HR professionals need to do to avoid the selection of this type of candidate. Which questions in the job interview could have uncovered the quirkiness of the candidate? Do we give emphasis on the technical questions in the job interview with a few questions or no questions on the behavior? Which recruitment tests can discover the behavior of the job candidate that might not be amenable to the culture of the company?
Suppose for a while, HR professionals would have discovered negative behavioral traits of the candidate, but he was cleared in technical round(s). In that case, how many HR professionals are empowered to decline the candidature of the candidate? How many HRs get cowed down when the candidate gets cleared by the "top boss" or "semi-top boss"?
Thanks,
Dinesh Divekar
From India, Bangalore
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First and foremost, you deserve kudos for coming up with an actual workplace problem. Your honest admission of an anomalous selection brings out humbleness in you. Rather than showing zeal to educate others by downloading some article and uploading it on this forum, a discussion on these practical workplace problems maintains the distinctive spirit of this forum.
Going by the description of the candidate that you have selected, it can be deduced that the selected person is as good as a hot potato. Sooner you drop it the better. Nevertheless, he is insufferable too. Coupled with his insufferableness is presumptuousness or even cantankerousness of his father. He has thrown his weight around by calling the HOD of his son and passed innuendos of his profession to intimidate the HOD!
Anyway, Mr. Nathrao has given good suggestions. Let me add 1-2 more points. When the complaints are received from the persons working in other department(s), tell them to give written complaints and too with material evidence, if any. Secondly, you order a domestic enquiry on the falsification of the records of employment. It should not be that difficult for you to terminate him on this count.
Learning for HR Professionals: - The incident is a learning for all HR professionals. Admittedly, this is a recruitment disaster. Therefore, the question arises as to what HR professionals need to do to avoid the selection of this type of candidate. Which questions in the job interview could have uncovered the quirkiness of the candidate? Do we give emphasis on the technical questions in the job interview with a few questions or no questions on the behavior? Which recruitment tests can discover the behavior of the job candidate that might not be amenable to the culture of the company?
Suppose for a while, HR professionals would have discovered negative behavioral traits of the candidate, but he was cleared in technical round(s). In that case, how many HR professionals are empowered to decline the candidature of the candidate? How many HRs get cowed down when the candidate gets cleared by the "top boss" or "semi-top boss"?
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Aakansha,
"As is the father so is the son." Mr. Nathrao has clearly stated what should be done in this matter immediately, while Mr. Dinesh has advised on what to be done in such matters in the future. Follow their advice.
From India, Salem
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"As is the father so is the son." Mr. Nathrao has clearly stated what should be done in this matter immediately, while Mr. Dinesh has advised on what to be done in such matters in the future. Follow their advice.
From India, Salem
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While you may have made a mistake during recruitment there is a way out here.
It is not possible to know that documents are fake until they are verified. Most companies do verification only after the candidate joins as they don’t want the previous company to know the candidates is looking for a job
So it is not a real problem that you have now discovered the documents were fake. Suspend him immediately on ground of submitting fake documents. Conduct domestic enquiry and terminate him. Don’t bother with behaviour grounds. Just this particular items stands indefensible
His lawyer father may send a legal notice or even file a legal suite. That you need to get a lawyer to fight. Aim to avoid a court hearing by giving a good and detailed reply. So also your procedure must be documented, fair and giving a chance to the employee to defend himself during the domenstic enquiry. If it goes to court, then let your lawyer defend it. There is no option. You can’t keep such a person in the company anyway
From India, Mumbai
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It is not possible to know that documents are fake until they are verified. Most companies do verification only after the candidate joins as they don’t want the previous company to know the candidates is looking for a job
So it is not a real problem that you have now discovered the documents were fake. Suspend him immediately on ground of submitting fake documents. Conduct domestic enquiry and terminate him. Don’t bother with behaviour grounds. Just this particular items stands indefensible
His lawyer father may send a legal notice or even file a legal suite. That you need to get a lawyer to fight. Aim to avoid a court hearing by giving a good and detailed reply. So also your procedure must be documented, fair and giving a chance to the employee to defend himself during the domenstic enquiry. If it goes to court, then let your lawyer defend it. There is no option. You can’t keep such a person in the company anyway
From India, Mumbai
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An employer must always show natural justice, kindness, and keep welfare in mind while dealing with employees. A happy employee is a productive employee. That is the basic way to get more productivity from employees. But when an employee is showing his true nature by trying to destroy the company itself, there should be no hesitation in showing him the exit door post haste. In the process of showing the exit door, ensure natural justice is upheld. Here, the employee has submitted fake documents, and that itself is more than adequate to dismiss him. Take this offense into account, hold an inquiry as required in a proper fashion, and terminate. His father may be a lawyer, but that should not stop you from doing the right thing the right way by following the procedure at a quick speed before the virus of indiscipline sets in. Mistakes in recruitment do happen; just analyze and set it right for the next hire. If the right lessons are learned, this experience will be invaluable in setting up and tightening recruitment norms. What to do with this individual employee is a matter of disciplinary actions. What is more important is to analyze how the recruitment took place. Did the company have checklists of what to check before and during the interview process? Were the educational documents examined carefully? What was the nature of the fraudulent documents submitted by the employee? Frame some questions for every potential employee and see whether the answers are indicative of fitment into company values. Several deep questions need to be asked so that recruitment mistakes are minimized. There is always a chance that the selected candidate may not be a good fit, despite all checks, but increasing the stringency of checks is good to reduce chances of errors. At the end of it all, act decisively now in accordance with the principles of natural justice and learn the right lessons.
From India, Pune
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From India, Pune
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Dear Aakansha,
In the matter, our colleagues have already given their input. Sometimes our mistakes turn out to be a blessing in disguise.
You should withdraw the gate pass and restrict the entry of the person, as well as their attendance. The case is simple since you have not issued the appointment letter yet; therefore, the person cannot claim or treat themselves as your employee. The candidate and their father cannot do anything as they have no basis to be considered employees of your organization. Do not issue any official correspondence in the name of the candidate. If there is anything to communicate, do so verbally until the matter is settled. Any communication to the workmen or calling for an explanation at this juncture would harm the case.
You and your team need to verify all your documents and act sensibly to prevent further mistakes. Do not be proactive; wait and observe the actions of the person to decide your next course of action. You are in a safer zone, so remain calm and act in accordance with the law.
Thank you.
From India, Mumbai
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In the matter, our colleagues have already given their input. Sometimes our mistakes turn out to be a blessing in disguise.
You should withdraw the gate pass and restrict the entry of the person, as well as their attendance. The case is simple since you have not issued the appointment letter yet; therefore, the person cannot claim or treat themselves as your employee. The candidate and their father cannot do anything as they have no basis to be considered employees of your organization. Do not issue any official correspondence in the name of the candidate. If there is anything to communicate, do so verbally until the matter is settled. Any communication to the workmen or calling for an explanation at this juncture would harm the case.
You and your team need to verify all your documents and act sensibly to prevent further mistakes. Do not be proactive; wait and observe the actions of the person to decide your next course of action. You are in a safer zone, so remain calm and act in accordance with the law.
Thank you.
From India, Mumbai
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Hi,
I am seeing a lot of inputs from our seniors. However, the organization also commits a mistake by allowing a person to join duty without issuing an offer letter. I don't see what ethics this is.
Having said that, you can straightaway tell him not to come the next day onwards and also advise your security to deny his entry.
If you had issued the offer before allowing him to join the company, then you need to follow documentary procedures. You should ensure that before anyone joins, they are issued offer letters with terms and conditions. This will provide you with the necessary power in your hands to terminate such profiles.
Regards,
Ravichandiran
From India, Madras
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I am seeing a lot of inputs from our seniors. However, the organization also commits a mistake by allowing a person to join duty without issuing an offer letter. I don't see what ethics this is.
Having said that, you can straightaway tell him not to come the next day onwards and also advise your security to deny his entry.
If you had issued the offer before allowing him to join the company, then you need to follow documentary procedures. You should ensure that before anyone joins, they are issued offer letters with terms and conditions. This will provide you with the necessary power in your hands to terminate such profiles.
Regards,
Ravichandiran
From India, Madras
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Dear Akansha,
You should have provided details like whether this so-called misfit is a workman or non-workman, his designation/nature of duties, the nature of your business, and whether you are covered under the Factories Act or Shops Act to enable proper advice. As rightly observed by Prabhat and Ravishankar, you have not yet issued him an Appointment letter, which is a plus point in the legal battle if it takes place. If you have also not issued an Offer letter, this can be advantageous in denying the employer-employee relationship.
From the nature of the misbehaviors on his part, the person appears to be a goon-type union leader, and he must have done similar things in his past employments. Find out if possible, and document it. As Natharao has rightly observed, for the sake of a future legal battle, document all the incidents chronologically with witness signatures, etc. Involve a good labor lawyer right from this stage to create legal evidence.
Notwithstanding, if it is a fact that you have not issued any Appointment/Offer letter, just stop him from attending the office immediately by verbal communication. Don't get cowed down by his lawyer father's posture of threatening you, as he will have a weak defense for his deviant son. Tell him verbally upfront that the issue, if any, is between the company and his son, and he has no business to poke his nose.
Don't get into any written communication with him regarding his separation. At this stage, I am not in favor of the long-winding process of a show-cause notice, holding a domestic inquiry, etc., but after his verbal separation, produce our evidence before the court when things come to that pass. But, as I said, please have a good labor lawyer to advise you at every stage of the matter as he comes with the grips of ground realities.
We are sharing our views based on the particulars provided by the poster; it may be presumptuous. But go by the advice of the local lawyer.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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You should have provided details like whether this so-called misfit is a workman or non-workman, his designation/nature of duties, the nature of your business, and whether you are covered under the Factories Act or Shops Act to enable proper advice. As rightly observed by Prabhat and Ravishankar, you have not yet issued him an Appointment letter, which is a plus point in the legal battle if it takes place. If you have also not issued an Offer letter, this can be advantageous in denying the employer-employee relationship.
From the nature of the misbehaviors on his part, the person appears to be a goon-type union leader, and he must have done similar things in his past employments. Find out if possible, and document it. As Natharao has rightly observed, for the sake of a future legal battle, document all the incidents chronologically with witness signatures, etc. Involve a good labor lawyer right from this stage to create legal evidence.
Notwithstanding, if it is a fact that you have not issued any Appointment/Offer letter, just stop him from attending the office immediately by verbal communication. Don't get cowed down by his lawyer father's posture of threatening you, as he will have a weak defense for his deviant son. Tell him verbally upfront that the issue, if any, is between the company and his son, and he has no business to poke his nose.
Don't get into any written communication with him regarding his separation. At this stage, I am not in favor of the long-winding process of a show-cause notice, holding a domestic inquiry, etc., but after his verbal separation, produce our evidence before the court when things come to that pass. But, as I said, please have a good labor lawyer to advise you at every stage of the matter as he comes with the grips of ground realities.
We are sharing our views based on the particulars provided by the poster; it may be presumptuous. But go by the advice of the local lawyer.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Dear Ravichandiran ji,
Thank you for your inputs. We have issued an offer letter to that individual for your information. We have promptly taken action as recommended by Nathrao sir and Dinesh sir. Corrective and preventive measures have been implemented to prevent the recurrence of such instances. The individual has signed and accepted the code of conduct, attended induction training, during which we clearly communicated to him (both in writing and verbally) that any falsification of documents will result in strict disciplinary action, possibly leading to termination of services.
We do not issue an appointment letter until all relevant documents are submitted by the candidate. As the individual in question has not submitted all the required papers, the appointment letter has not been issued. Our legal team has also provided similar insights to those shared by the senior members of this forum. Their advice has been instrumental in understanding common practices in other industries.
Regards,
Aakansha-HRD
From India, Nagpur
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Thank you for your inputs. We have issued an offer letter to that individual for your information. We have promptly taken action as recommended by Nathrao sir and Dinesh sir. Corrective and preventive measures have been implemented to prevent the recurrence of such instances. The individual has signed and accepted the code of conduct, attended induction training, during which we clearly communicated to him (both in writing and verbally) that any falsification of documents will result in strict disciplinary action, possibly leading to termination of services.
We do not issue an appointment letter until all relevant documents are submitted by the candidate. As the individual in question has not submitted all the required papers, the appointment letter has not been issued. Our legal team has also provided similar insights to those shared by the senior members of this forum. Their advice has been instrumental in understanding common practices in other industries.
Regards,
Aakansha-HRD
From India, Nagpur
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