Pls suggest me how to write formal letter to company about ex employee about his fraud?
From India, Gurgaon
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Glidor
725

If fraud is traced out with evidence, then seek legal professional help, as the employee is already an Ex. and the matter would be subject to breach of contract and would go for legal proceedings, including FIR and other court proceedings.

HR has very little to do about the subject, except providing their data to management.


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Dear Mr. US Sharma,

Rather than lodging a police complaint, it is better to send the letter to the former employee's current company. Two types of responses are possible if we write the letter. One is that the employee cooperates, deposes before the enquiry, accepts involvement in the fraud, and returns the money that has been siphoned off. In such a case, why does the company need to lodge a police complaint? The second possibility is that the employee does not cooperate. In that case, only the company will be forced to approach the police authorities.

For Dhyani Meena: Your query is too small. Please write elaborate posts. Nevertheless, the draft of the letter could be as below:

Date: -

To,
Mr/Ms _______
___________ (complete address of the current company along with PIN code)

Deposition before Domestic Enquiry

1. You have worked in _________ (name of your company) from _____ (date of joining) to _____ (last working day). Your Employee No. was ______, and the last designation held was ______.
2. In our audit (or internal inspection), we have come across certain irregularities in the execution of your work. We conducted a formal investigation, and prima facie, we found that there was a shortage of funds (or any other reason), and the matter merits further investigation.
3. In view of this, you are required to depose before the domestic enquiry. It will commence from ____ and could take a few days. The administration of ______ (name of your company) expects you to be discreet and depose before the enquiry. If you fail to depose before the enquiry or remain incommunicado, then we will be forced to lodge a police complaint based on the material evidence at hand.
4. Upon receipt of this notice, send the written acknowledgment immediately.

(Name and Designation of the authorized signatory)

Copy to:
Mr/Ms _______
Head HR
________
(name of the employee's current company)

As an HR professional, you understand well the importance of adherence to the principles of natural justice. In view of this, we request you to make the necessary arrangements so that Mr/Ms ______ deposes before the enquiry. We assure you that the enquiry will not be vitiated in any way, and efforts will be taken to complete it in the shortest possible time. We solicit your cooperation in this regard.

Note:
a) Send the hard copy of the letter by RPAD (or by Speed Post with Acknowledgement Due). Type the letter on your company's letterhead.
b) You may send the soft copy by mail. In that case, preserve the printout of the mail.
c) Fill in the blanks wherever necessary.

Thanks,
Dinesh Divekar

From India, Bangalore
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Glidor
725

Dinesh Sir,

The post did not mention whether they are aware of the employee's current employer. If they are aware of the present status, they can issue such Show Cause Notice (SCN) directly. Everything is subject to the available information and status.


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Dear Colleague,

Without knowing the exact nature of fraud and the actions taken so far, it would be unwise to comment based on presumptions and would be premature.

Regards, Vinayak Nagarkar HR Consultant.

From India, Mumbai
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