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  #31 (permalink)  
Old 03-07-2008, 03:05 AM
sunilkmani@gmail.com's Avatar
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Posts: 24
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Silly matter.Let him do what he said.This is india, nothing will happen.If any problem arises meat and treat our police.
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  #32 (permalink)  
Old 03-07-2008, 06:15 AM
tsivasankaran's Avatar
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Location: Chennai
Posts: 1,278
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Hi

It is a misconduct and you can not sack him without conducting an enquiry eventhough he is under probation,

Now that you have intimated to police, it has on record that if at all you terminate him it is for misconduct and not for performance.You can not use the normal probationary clause here.

You said you have already suspended him. Appoint an external enquiry officer. Conduct an enquiry. Get the findings. If forgery is proved you can sack him

I will not advise counselling in this case. From whatever you have described, he seems to be a tough nut to crack I may be wrong.

Suicide threat is common and I have faced this several times when we handle forgery theft Misapporopriation cases. You have informed police and that is sufficient

Conduct an enquiry

If proved guilty sack him

Siva
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T.Sivasankaran
  #33 (permalink)  
Old 03-07-2008, 11:49 AM
tmathai1's Avatar
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Location: chennai
Posts: 18
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Dear Roopesh,

People who want to commit suicide, do it. People who threaten to do so, are indulging in emotional blackmail. In your case, I feel he was just buying time...

He has threatened to commit an illegal act (committing suicide is by the way against the law), that should be grounds enough to terminate his employemnt.

Hope this helps,
Regards,
Tresa
  #34 (permalink)  
Old 03-07-2008, 12:32 PM
yadav_rajbir@rediffmail.c's Avatar
Join Date: May 2008
Location: REWARI (HARYANA)
Posts: 4
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Dear roopesh you have taken a sufficiant desission to protect yourside but i suggest you that as a human being you should visit his family and investigate the case and after that you should provide the councelling for his rehebilitation.
Thanks
Rajbir Yadav
  #35 (permalink)  
Old 03-07-2008, 01:28 PM
lakshmivinu1503's Avatar
Join Date: Oct 2007
Location: pune
Posts: 8
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Hi Roopesh,

we have had a similar situation in our organization. the employee was stealing and when we found and asked him to leave, he started threatening that he would commit suicide. The management was not scared as we were very clear on such issues. The termination took place with all the legal support and one of his close relative was called to our office and was told about his threat.

we kept the whole issue very confidential, as we felt that the other employees should not get influenced with this behaviour and take advantage.

The family member was also informed to keep the issue as a secret as dint wanted his family to be affected.

Terminating the employee is the right decision , you have taken the right steps already by informing police and his family. handle the situation confidentially but at the same time consider this employee as a human being who deserves medical help.

regards

Lakshmi
  #36 (permalink)  
Old 03-07-2008, 02:59 PM
mnj.tiwari's Avatar
Join Date: Mar 2008
Location: delhi
Posts: 36
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First you should cousel him along with his family, and at the same time take resignation from him, dont complicate simple thing as its not acceptable, its going to be a massege for all.
  #37 (permalink)  
Old 03-07-2008, 03:28 PM
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Posts: 41
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Nice that u have informed to ploice and such kind of employees need to be handled carefully. U can call family members of the employee and explain the situation, then he may listen to u and abort his decision

Regards
Bharath
  #38 (permalink)  
Old 03-07-2008, 04:03 PM
swastik73's Avatar
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Location: Kolkata, India
Posts: 972
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Dear Roopesh,
When a person commits suicide, and he writes somebody's name holding the person responsible, the person so named comes under abettment to commit suicide, but that only becomes an allegation. It needs to be proved in a court of law. With so many Farmers committing suicide have you ever seen any money lender,official or minister getting arrested?? So, a person just cannot put anybody's name, there must be a relation in which the accused had created wrongful threat perception, coercion or intimidation that the person had to end his life. The term wrongful should be there.

So, it is always advisable to go in for full disciplinary proceedings (Domestic Enquiry) before terminatinmg an employee. Once that is done then you are absolutely safe from law. Informing Police station will not protect you, because if the Company's name is there it will have to appear in court, and in court if it is proved that the Company had terminated without proper domestic enquiry or had made the person forced to resign, then it will be real trouble.

Regards,
Swastik
  #39 (permalink)  
Old 03-07-2008, 05:47 PM
kumaran siva's Avatar
Join Date: May 2008
Posts: 25
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dear friend,

He is a professional fraud. As you have informed police, you should inform his family in writing about the whole incidents. As you have suspended him, not terminated, you are bound to conduct enquiry before terminating his service. The day you came to know the fraud, you should be terminated his service. Don't keep any further delay. But it is clear, he is just emotionaly black mailing and you don't consider all these nonsense.

Good Luck,

shiv Kumar

Last edited by kumaran siva; 03-07-2008 at 05:58 PM.
  #40 (permalink)  
Old 03-07-2008, 06:13 PM
maji.samrat's Avatar
Join Date: Jun 2008
Location: Bangalore
Posts: 8
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