My new employee created a fake email ID of our company without informing management and without approval. It came to notice, and I terminated him on the same day. Now, he is asking for salary and daily sending nonsense emails for his salary. I want to file a case against him for creating an email ID of the company without approval. Please suggest what actions the company can take against him.
From India, New Delhi
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From India, New Delhi
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Hi,
Even if the employee had created a fake email ID, you are not supposed to terminate the employee directly. You were supposed to follow the proper disciplinary process right from the issuance of a show cause notice followed by a domestic enquiry. It looks like your employee created the email ID using Gmail only. What was the intention of the employee, and in what way is it against the policy of the company?
You haven't heard the explanation of the employee, and the opportunity was not provided to the employee to defend his case. In the absence of a proper disciplinary process, the employee has the right to demand his salary.
From India, Madras
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1153Even if the employee had created a fake email ID, you are not supposed to terminate the employee directly. You were supposed to follow the proper disciplinary process right from the issuance of a show cause notice followed by a domestic enquiry. It looks like your employee created the email ID using Gmail only. What was the intention of the employee, and in what way is it against the policy of the company?
You haven't heard the explanation of the employee, and the opportunity was not provided to the employee to defend his case. In the absence of a proper disciplinary process, the employee has the right to demand his salary.
From India, Madras
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In continuation of what Mr. Lakshmi Narayan has rightly said, I would suggest that it is appropriate to settle the matter by paying him the salary owed for the days he worked. If you intend to pursue legal action against him now, it should have been done prior to his dismissal. Therefore, it is advisable to pay him what is rightfully due, after deducting any statutory deductions such as PF, TDS, etc. This will serve as evidence of his brief tenure with your company and could also prove beneficial during background verification by his potential employer.
From India, Kannur
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From India, Kannur
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Employee Appraisal Form new.doc