I have to write a notice email to the employee regarding - (she was making fake loads and meeting her targets and suddenly left the organization) I have already sent an absconding letter to her but after checking she made a huge loss towards the company. Now our Director wants to send her a notice mentioning she was making fake loads without informing the manager. Please guide.
From India, Delhi
1From India, Delhi
Dear Kavita,
An employee had been fudging the records of her target. Probably, she felt that her forgery could be discovered and abandoned the organisation. Now opinion on whether disciplinary action can be initiated or not against an employee who has abandoned her duties that legal experts of this forum will give. My point is limited to the improvement in the systems and processes of your organisation.
If the employee had been fudging the records of her target, then how long she had been doing it, when it was discovered and how it was discovered? Why it was not discovered earlier? Why her reporting manager did not do proper verification? To what extent is the manager's failure? What is the monetary loss to the organisation?
Why seniors of your organisation could not show foresight in preventing the incident? In India, the organisation's are driven by the "experience" of the people. But then why the "experienced people" were taken for the ride? Therefore, more than a junior employee, should the seniors not be held responsible?
The employee was cunning enough to identify the flaw in the system and took the benefit of it. However, in many places, the focus is on a person rather than the flawed system. Therefore, should the incident merit overhaul of the processes of each department in your organisation? Please ponder!
Thanks,
Dinesh Divekar
From India, Bangalore
An employee had been fudging the records of her target. Probably, she felt that her forgery could be discovered and abandoned the organisation. Now opinion on whether disciplinary action can be initiated or not against an employee who has abandoned her duties that legal experts of this forum will give. My point is limited to the improvement in the systems and processes of your organisation.
If the employee had been fudging the records of her target, then how long she had been doing it, when it was discovered and how it was discovered? Why it was not discovered earlier? Why her reporting manager did not do proper verification? To what extent is the manager's failure? What is the monetary loss to the organisation?
Why seniors of your organisation could not show foresight in preventing the incident? In India, the organisation's are driven by the "experience" of the people. But then why the "experienced people" were taken for the ride? Therefore, more than a junior employee, should the seniors not be held responsible?
The employee was cunning enough to identify the flaw in the system and took the benefit of it. However, in many places, the focus is on a person rather than the flawed system. Therefore, should the incident merit overhaul of the processes of each department in your organisation? Please ponder!
Thanks,
Dinesh Divekar
From India, Bangalore
Now that her deceit has come out, please prepare an estimate of the loss caused to the company, include both the direct and indirect losses and send her a strong notice asking for refund as well as explanation for her alleged fraud and dishonesty. You may mention that failing to deposit the amount could lead to initiation of civil as well as criminal proceedings against her, as per legal advice. Thereafter terminate her from service and you may pursue legal action, if so advised.
From India, Mumbai
From India, Mumbai
Dear colleague,
This is a fit case for dismissal, of course after going through disciplinary procedure- chargesheeting, conduct of domestic enquiry and dismissal. After assessing the monetary losses, also explore possibility of criminal action if thought fit.
Hold payment of all her legal dues until all loops are closed.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
This is a fit case for dismissal, of course after going through disciplinary procedure- chargesheeting, conduct of domestic enquiry and dismissal. After assessing the monetary losses, also explore possibility of criminal action if thought fit.
Hold payment of all her legal dues until all loops are closed.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Dear Colleague,
Basic Facts of the Matter:
-employee making fake loads and meeting her targets and suddenly left the organization
- you had already sent an absconding letter to her later found she made a huge loss towards the company
-Employee was making fake loads without informing the manager.
Here it is suggested to proceed on 3 simultaneous actions. It sounds very harsh but if you have really merit on your side and employee had done considerable damages to the organization/ not cooperating for your internal processes / not willing to co-operate with you and all are intentional then only go with the steps. Do not lose the humane approach always and give all chances to the employee to set right the mistakes done:
1. Issue a Charge Sheet to the employee ( as you had not relieved the employee yet) mentioning the clauses of your Standing Order/ Model Standing Orders/ Service Rules or Code of Conduct as applicable calling for explanation by giving reasonable time line. If reply received, study- understand the facts the order for an Enquiry as a Domestic Enquiry by following due principles of Natural Justice and based on the findings if proved terminate the employee from services. If the employee is not receiving notice or if no reply or no response / refusing to receive notices etc then proceed as per disciplinary process and laid principles and conduct ex-parte enquiry (issue a simple paper notice on the facts etc) and conclude and then terminate after second show cause documents and so on as you may be aware.
2. Lodge a criminal compliant in the local Police station for forging documents/ creating bogus loads and so on mentioning the loss created. The actions will be taken in IPC as deemed fit
3. File a Civil Suit claiming compensation for the losses created by the Employee as per documentary proofs with you which are authentic in nature.
4. Improve the systems as suggested by the learned members in their replies as well improve the " Supervision" and " Control Mechanism" with due "Maker and Checker system".
Once again before proceeding for harsh actions give all chances to the employee to set the things good and do the repairs to your organization's satisfaction and if done drop actions.
From India, Chennai
Basic Facts of the Matter:
-employee making fake loads and meeting her targets and suddenly left the organization
- you had already sent an absconding letter to her later found she made a huge loss towards the company
-Employee was making fake loads without informing the manager.
Here it is suggested to proceed on 3 simultaneous actions. It sounds very harsh but if you have really merit on your side and employee had done considerable damages to the organization/ not cooperating for your internal processes / not willing to co-operate with you and all are intentional then only go with the steps. Do not lose the humane approach always and give all chances to the employee to set right the mistakes done:
1. Issue a Charge Sheet to the employee ( as you had not relieved the employee yet) mentioning the clauses of your Standing Order/ Model Standing Orders/ Service Rules or Code of Conduct as applicable calling for explanation by giving reasonable time line. If reply received, study- understand the facts the order for an Enquiry as a Domestic Enquiry by following due principles of Natural Justice and based on the findings if proved terminate the employee from services. If the employee is not receiving notice or if no reply or no response / refusing to receive notices etc then proceed as per disciplinary process and laid principles and conduct ex-parte enquiry (issue a simple paper notice on the facts etc) and conclude and then terminate after second show cause documents and so on as you may be aware.
2. Lodge a criminal compliant in the local Police station for forging documents/ creating bogus loads and so on mentioning the loss created. The actions will be taken in IPC as deemed fit
3. File a Civil Suit claiming compensation for the losses created by the Employee as per documentary proofs with you which are authentic in nature.
4. Improve the systems as suggested by the learned members in their replies as well improve the " Supervision" and " Control Mechanism" with due "Maker and Checker system".
Once again before proceeding for harsh actions give all chances to the employee to set the things good and do the repairs to your organization's satisfaction and if done drop actions.
From India, Chennai
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