Dear seniors, Our company is a manpower leasing company who are engaged as contractual technicians. One such employee was accused of stealing co. property and the customer wants him to be removed from the premises. Although nothing has been proved against the employee and is only a suspicion, I as the employer want to know how the employee can be terminated legally and how to close the matter. Neither we the employer nor the customer is interested in retaining the said employee. I look forward to relevant advice in this matter.
From India, New Delhi
7From India, New Delhi
Is it ethical to sack someone based on allegations without proving his/her guilt?
From United Kingdom
From United Kingdom
Dear Ramsesan,
In such cases, evidence play the important role, as you said that, he is only suspiciouse & there is nothing any evidence against him, so, taking any action against him as unlawfull & unethical, which may create the wrong example toward existing employees.
As your are in to the contract staffing so, i do understand the client expectation & force by them.so, i would advice you that, if concern staff is really not guity in this case, then you may transfer him from from one client's location to any another client. so, your client may also get satisfaction that, suspected person is no more working in their premises & you have taken some action on their request as well as, concern employee also will not feel any unjustly happen with him.
But, still you wanted to terminate him, then as you dont have any evident of such incident, so, you may take resignation letter from him & show this case as self resignation & close the same with immediate full & final settlement of his dues.
But, still i feel that, follow this way shall treated as injustice with him or if you wanted to find the exact accused then, file the police complaint, they will identify the same.
Regards,
Tushar Swar
From India, Mumbai
In such cases, evidence play the important role, as you said that, he is only suspiciouse & there is nothing any evidence against him, so, taking any action against him as unlawfull & unethical, which may create the wrong example toward existing employees.
As your are in to the contract staffing so, i do understand the client expectation & force by them.so, i would advice you that, if concern staff is really not guity in this case, then you may transfer him from from one client's location to any another client. so, your client may also get satisfaction that, suspected person is no more working in their premises & you have taken some action on their request as well as, concern employee also will not feel any unjustly happen with him.
But, still you wanted to terminate him, then as you dont have any evident of such incident, so, you may take resignation letter from him & show this case as self resignation & close the same with immediate full & final settlement of his dues.
But, still i feel that, follow this way shall treated as injustice with him or if you wanted to find the exact accused then, file the police complaint, they will identify the same.
Regards,
Tushar Swar
From India, Mumbai
Dear friend
I totally agree with Mr. Simhan's observations.
It is unfair to terminate the services of an employee merely on the basis of suspicion.
Nor you can conveniently use the customer complaints, which can not be sustained, as a PLOY to terminate the employee.
The prudent step would be to transfer the employee elsewhere, on another site or with another of your client; and keep a discrete watch.
Hope you will act in a fair manner; and the SIMPLEST TEST to ascertain this is - putting oneself in the place of that person. Would you have considered it FAIR if you have been in his place and your services had been terminated just on a complaint without any proof or substance ??
Warm regards.
From India, Delhi
I totally agree with Mr. Simhan's observations.
It is unfair to terminate the services of an employee merely on the basis of suspicion.
Nor you can conveniently use the customer complaints, which can not be sustained, as a PLOY to terminate the employee.
The prudent step would be to transfer the employee elsewhere, on another site or with another of your client; and keep a discrete watch.
Hope you will act in a fair manner; and the SIMPLEST TEST to ascertain this is - putting oneself in the place of that person. Would you have considered it FAIR if you have been in his place and your services had been terminated just on a complaint without any proof or substance ??
Warm regards.
From India, Delhi
I totally echo (the first two paras) Tushar Swar's opinion.
In fact, I would have refrained to put my comments, if it had appeared when I started typing out my response.
By the time I posted my response, his was already there !!
Warm regards.
.
From India, Delhi
In fact, I would have refrained to put my comments, if it had appeared when I started typing out my response.
By the time I posted my response, his was already there !!
Warm regards.
.
From India, Delhi
It is interesting to find that Raj Kumar Hansdah says that echos the first two paras of Tushar's advice. This implies that he has some reservations about the final advice to take a resignation letter. It's this advice that prevented me from just appreciating and validating Tushar's advice.
One can only ask the concerned person to resign, explaining the allegation, but not force him or her. We have such incidents reported here where people have been forced to resign under duress. I know of incidents in the UK, where staff confronted with the situation and given the options of either putting their resignation or face a disciplinary panel, which could result in the termination of job with a BLACK mark, have opted for the former. Thereby have implicitly accepted the guilt and settled for the lesser of the two punishments.
Hence, I would advice that the person be given the choice and not just be forced to resign.
From United Kingdom
One can only ask the concerned person to resign, explaining the allegation, but not force him or her. We have such incidents reported here where people have been forced to resign under duress. I know of incidents in the UK, where staff confronted with the situation and given the options of either putting their resignation or face a disciplinary panel, which could result in the termination of job with a BLACK mark, have opted for the former. Thereby have implicitly accepted the guilt and settled for the lesser of the two punishments.
Hence, I would advice that the person be given the choice and not just be forced to resign.
From United Kingdom
Is he only accused? Did you hold an Enquiry to look into the charges? Whether the charges levelled against the accused
are fully proved beyond doubt?
If your answer is NO to my second question onwards, then not proceed any stringent action against the accused employee.
Thanks
R K Nair
From India, Aizawl
are fully proved beyond doubt?
If your answer is NO to my second question onwards, then not proceed any stringent action against the accused employee.
Thanks
R K Nair
From India, Aizawl
Ramaseshan
-when u sack a male employee, pls mind that ur eliminating the bread winner of a family leads to economical crisis & unemployment
-Is natural justice ensured, by sacking an employee under unproved allegation
-Just bcoz to satisfy ur client, if u sack him, then its high materialistic.
Though he might sue you, kindly have courtesy upon employee by being as human rather than as a capitalist
Its my humble presence
From India, Chennai
-when u sack a male employee, pls mind that ur eliminating the bread winner of a family leads to economical crisis & unemployment
-Is natural justice ensured, by sacking an employee under unproved allegation
-Just bcoz to satisfy ur client, if u sack him, then its high materialistic.
Though he might sue you, kindly have courtesy upon employee by being as human rather than as a capitalist
Its my humble presence
From India, Chennai
There must be appointment letter to him. As per the terms of appointment order termination clause, you have to give notice period or salary in lieu of notice period (Normally one/two/three months) stating that you have lost confidence on him in employment and he will quit after the lapse of notice period or salary payment in lieu of the notice period.
For which you have to call him and politely ask him to resign. If he is not willing give him letter and close his employment.
From India, Hyderabad
For which you have to call him and politely ask him to resign. If he is not willing give him letter and close his employment.
From India, Hyderabad
Iam not on technical aspect as to how to terminate an employee or seek his resignation but on ethical aspect of the issue as learned member Mr.Simhan pointed out, given the gravity of an unfounded allegation and if that results in loss of one's livelihood. The allegation of theft against an employee questions the very moral foundation of an employee's character and if such allegation is unfounded or there is lack of evidence to substantiate the allegation,,there will be serious miscarriage of justice to him, if he is deprived of his job and if tomorrow it turns out to be that it is the handiwork of some other employee. Not only this he leaves the job with a stigma for no fault of his. Therefore it is necessary to conduct a through investigation into allegations that have bearing on the moral foundations of an employee's character an and if there is no evidence found, then it is all the more necessary to protect his character to vindicate the employee, If the client still does not want his presence in his premises, you can transfer him to a different location as the learned member Tushar has suggested.
B.Saikumar
In-house HR & IR Advisor
From India, Mumbai
B.Saikumar
In-house HR & IR Advisor
From India, Mumbai
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