I have received an email from an ex-employee requesting a No Objection Certificate. He has provided a detailed explanation of why he needs it, which is understandable. However, upon further review, I discovered that the attached document, containing the request, is an exact copy of the company's letterhead, which is not permissible.
I am seeking advice on how to address this situation as the individual is no longer employed by the company.
From India, Jaipur
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1I am seeking advice on how to address this situation as the individual is no longer employed by the company.
From India, Jaipur
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First of all, ask the employee where he obtained the company letterhead. Initially, discuss his requirements discreetly. In between the conversation, discreetly find out where he acquired the company letterhead, such as whether it is stored on his PC, etc. Inform the employee that using company letterhead in any manner is legally incorrect, and he should refrain from doing so and return any letterhead to the company. Although there are chances of misuse, there is little that can be done about it. Misuse of letterhead, including putting fake signatures of company officials, will be considered criminal offenses.
From India, Pune
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From India, Pune
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Dear Anonymous,
You have received mail from an ex-employee regarding his request for a No Objection Certificate (NOC). In his email, he has explained why he needs the NOC. However, did he prepare a draft of the NOC and send it as an attachment? If so, it could be due to his overzealousness or impudence. He might be unaware of the rules regarding who is authorized to use the company's letterhead.
If he were being unscrupulous, he could have forged a signature on a fake letterhead. Why did he use the letterhead but not go further?
You may consider seeking clarification from him to understand why he used the letterhead and then make a well-thought-out decision. Withholding the issuance of the NOC could put his career at risk. We should not respond to indiscretion with more indiscretion from our side.
Thank you,
Dinesh Divekar
From India, Bangalore
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You have received mail from an ex-employee regarding his request for a No Objection Certificate (NOC). In his email, he has explained why he needs the NOC. However, did he prepare a draft of the NOC and send it as an attachment? If so, it could be due to his overzealousness or impudence. He might be unaware of the rules regarding who is authorized to use the company's letterhead.
If he were being unscrupulous, he could have forged a signature on a fake letterhead. Why did he use the letterhead but not go further?
You may consider seeking clarification from him to understand why he used the letterhead and then make a well-thought-out decision. Withholding the issuance of the NOC could put his career at risk. We should not respond to indiscretion with more indiscretion from our side.
Thank you,
Dinesh Divekar
From India, Bangalore
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NOC is for his mobile number only. Yes, I also think that it was done in ignorance, but a person having 7-8 years of experience can also do this? It's just surprising. I am not planning to take any actions, just wanted to know what will be the best way to take this forward and also what legal implications the situation has.
From India, Jaipur
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From India, Jaipur
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Give the NOC clearly mentioning that it is for mobile number only. Using letter head in the draft which he sent to you is not a serious issue. Ignore it.
From India, Delhi
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From India, Delhi
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While treating the continued use of office stationery beyond retirement as an innocent mistake and issuing him the NOC, I think you also need to tell him in clear terms to desist from using it any further since it amounts to misrepresentation and fraud with the company. People may not return the office stationery and other small office articles like a stapler, etc., but using the letterhead or envelopes of the company for correspondence is reprehensible. Reckoning his past, you may treat it as not mischievous and not calling for legal action. The legal option, of course, is to publish a short advertisement in some newspapers that such and such employee is no longer in your service and hence does not represent your company any longer. In a worst-case scenario, you can prosecute him for fraud and dishonesty.
From India, Mumbai
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From India, Mumbai
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"People may not return the office stationery and other small office articles like stapler, etc., but using the letterhead or envelopes of the company for correspondence is reprehensible. Reckoning his past, you may treat it as not mischievous and not calling for legal action."
"What learned KKHR has stated is correct. Do not ignore the use of letterhead or a similar format, but leave it after asking clearly to desist using such formats, which could give an impression that the ex-employee has taken away company stationery. Probably, the ex-employee had no bad intention; otherwise, he would have been more careful in using the letterhead while writing to the company itself. Nevertheless, the ex-employee should be told - Stop using our letterhead."
From India, Pune
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"What learned KKHR has stated is correct. Do not ignore the use of letterhead or a similar format, but leave it after asking clearly to desist using such formats, which could give an impression that the ex-employee has taken away company stationery. Probably, the ex-employee had no bad intention; otherwise, he would have been more careful in using the letterhead while writing to the company itself. Nevertheless, the ex-employee should be told - Stop using our letterhead."
From India, Pune
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Using letterhead or any other official stationery by employees on their own and seeking/asking signatures on the same from an authorized person is wrong and illegal. They should apply for the necessary No Objection Certificate (NOC) to the concerned office. The office will then either approve or reject the application based on the reasons stated for the NOC.
In this case, the issue is significant. Even if it is due to ignorance, a proper inquiry into the matter and appropriate action are required. Company policies concerning these types of issues should be clearly communicated to all employees.
Anything that is documented becomes proof; therefore, due care must be taken.
From India, Vadodara
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In this case, the issue is significant. Even if it is due to ignorance, a proper inquiry into the matter and appropriate action are required. Company policies concerning these types of issues should be clearly communicated to all employees.
Anything that is documented becomes proof; therefore, due care must be taken.
From India, Vadodara
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"I realized that the attached document, in which the matter is written, is an exact replica of the company's letterhead."
Bijoy,
The person has used a replica of the company letterhead to request an NOC. Probably, he has drafted an NOC for the company to sign.
From India, Pune
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Bijoy,
The person has used a replica of the company letterhead to request an NOC. Probably, he has drafted an NOC for the company to sign.
From India, Pune
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Sir, thanks for your reply. Greetings of the Republic Day to you and all the members on the forum.
I have replied in general, and as regards to the case in specific, the appropriate line of action has been suggested by you and other members too. I just would like to say that if any employee of the company needs anything like this or wants to avail any privilege, there has to be a process of application to be submitted to the appropriate authority and follow the channel of approval and sanctions. There is no need to draft anything beforehand; it is the office work, what to write and how to write in the NoC.
However, if it is to be considered (replica or xyz draft, etc.) in good faith, I believe the practice is otherwise wrong.
From India, Vadodara
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I have replied in general, and as regards to the case in specific, the appropriate line of action has been suggested by you and other members too. I just would like to say that if any employee of the company needs anything like this or wants to avail any privilege, there has to be a process of application to be submitted to the appropriate authority and follow the channel of approval and sanctions. There is no need to draft anything beforehand; it is the office work, what to write and how to write in the NoC.
However, if it is to be considered (replica or xyz draft, etc.) in good faith, I believe the practice is otherwise wrong.
From India, Vadodara
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