Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Vkokamthankar
Asst. General Manager - Hr
Manishgupta1981
Hr Generlized
Ritedarong
Compliance Expertise In Labour Laws &
Mashok
Comp & Benefits, Employee Relations,
+6 Others

Thread Started by #gkearney

How do you handle a rouge ex-employee who more than a year after being fired starts to take actions designed to embarrass and cause legal trouble for the manager who let him go.
28th March 2010 From Australia, Perth
He’s an ex-employee, a dual national no longer living in the U.S. but in his "other" country. I don’t think having him employed by a competitor will do any good.
28th March 2010 From Australia, Perth
OK here is the sort of thing he is doing. He uses his background with the company to do such things as have software audits filed against us. He tell s the auditors, Software Publishers Alliance, that the manager is letting people use unlicensed software he tell them which users have it. The manager knows nothing about this but the ex-employee was in a position to know which computer users might have installed stuff they shouldn't. So the auditors know just which computers and just which users to visit. we suspect he may have planted the software on the computers so that he could then tell the auditors where to look should he ever need to, we can't prove that however.

The manager had used some images from movies in some internal documents. The next thing he knows the CEO of the company gets a letter from the studio to stop using these under threat of a lawsuit. The studio has copies of the internal documents as proof. The only way they could have gotten them, we figure, is from this fellow.

He gets flowers with a very suggestive note on them delivered to his home when only his wife is there to accept delivery.

This is the kind of things that are happening every few months. The police have told us that there is nothing they can do as nothing he has done in technically illegal. He lives overseas now so the local police are not much interested anyway.
29th March 2010 From Australia, Perth
Well, as long he is trying to help others to catch something which is not appropriate in your company, you can't do anything. Law will encourage these kind of people as whistle blowers.

Two options you have is:

- Ask any of his ex-colleages/peers to talk to him and encourage him to settle out all differencies he may have against your company and resolve it with in certain timeframe. If this happens, send goodwill mail to him and keep him in good books. Select someone neutral to talk to him and pursue him not to work against your company. He also may have good support internally hence, have good updates about internal stuff. So be careful.

- Findout which city/company he is working and warn him that your company will start giving negative background verification feedback about him, which may potentially create trouble for him in getting future requirement. You can also warn him about updating his acts to his current employer and tell them that they also may get into same senario in future. This should reduce his interest in settling scores with your company. If not, then there is no option for you
29th March 2010 From United States, San Diego
We have thought about giving negative feedback on him if anyone ever asked us about him. No one ever has. We found his resume on line and noted that he doesn't even list working for us on it. It is like we never existed in his work history.
29th March 2010 From Australia, Perth
U have a pyscho on board. Get a private detective to investigate and talk some sense into him, there may be a good chance that your company must have rubbed him the wrong way and he is just doing it for revenge and will stop when he feels adequately mentally compensated.
29th March 2010 From India, Mumbai
There is very little one can suggest you in this case.
  • If you are really involved in software piracy and plagiarism then you have given good reason to trouble yourself and you should not blame someone else for the same.
  • You can get rid of this problem by doing through audit of your hardware and software and by removing all unlicensed software.
  • Get a neutral person to talk to him and resolve all pending issues with him once for all to remove his negative motivation against your co.
  • You can inform / caution his current employer about this fellow and his behavior.
Thanks & Regards

29th March 2010 From India, Pune
Like mashok and vkokamthankar have mentioned already, from the information you have provided it can be inferred that Law is on his side. Trying to threaten him or giving negative feedback against him deliberately with a vile intent to compromise his career will further damage your own position.
Do not approach the Law enforcement as you are digging your own ditch by doing so. and yeah, Clean up your acts.
29th March 2010 From India, Bangalore
Best solution would be to fire the manager for violating corporate policies. That will settle everything.
29th March 2010 From India, Bangalore
One thing that is troubling to us is that he seems to wait for long intervals between actions. For example we fired him well over a year ago. Nothing happens for over a year and then bang! Out of the blue a couple of events aimed at the manager. Then he goes "dark" as it were for many months then something else. On a couple of occasions it has been that the things he bring up happened after he left. For example internal licensing review become known to the local newspaper while the are still underway. This never happened in the past.

We have no idea who he is working for, we are not sure even which nation he is in currently. He holds both a U.S. and an Italian passport and citizenship. He resume is, to say the least very vague. As I said he wrote us out of it. He maintained a consultancy business the whole time he worked for us as we discovered.

We are clean on the software issue now, or so I have been told. We settled the matter with the studio. But the latest has been the flowers delivered to the managers home and the worry as to what new thing he may be cooking up from afar. Hiring a private detective might work but we don't know for sure where in Europe or the U.S. he is and that could get kind of expensive.

The poor manager is really under the gun on this. The CIO want to know why all these events center around this manager and has said that he is not going to let one manager and his troubles with an ex-employee derail the whole company. The manager is feeling the heat big time and asked that I try and give him a plan for dealing with it which the CEO has demanded.
30th March 2010 From Australia, Perth
HI ALL,
I THINK TALKING IS A BETTER WAY BEFORE TAKING ACTION, YOU ARE WRONG, YOU MIGHT HAVE DONE WRONG TO X-EMPLOYEE, NOW U R GETTING BACK WHAT U HAVE DONE!
IT IS A CIRCLE. dON'T TRY TO PUSH THINGS FURTHER IT WILL CAUSE MORE LOSSES BUT NOTHING ELSE, CONCENTRATE ON YOUR BUSINESS GOALS AND SETTLE DOWN UR SCORES WITH HIM BY NEGOTIATING (MONEY, GOOD REF, BAD REPORT TO CURRENT/FUTURE EMPLOYERS ETC.)
BELEIVE WHAT U WILL DO TODAY, COMPANY WILL FOLLOW SAME IN CASE OF U ALSO IN FUTURE!!!. SO BE CAREFULL WHATEVER U DO!!
MANISH GUPTA
ADMIN & HR MGR
30th March 2010 From India, Mumbai
Hello there,
Every organisation has some black sheep as well as black holes. Foruntately for you, the black sheep is out of the organisation. So his information will be static, i.e. upto the last day of his working in your organisation and not updated, unless ofcourse, he has a planted mole even today.
The best thing to do, as few other members have suggested above, is to do an IT Audit of your current infrastructure and set things right. Once that is done, you can challenge & handle any subsequent outside audits with due legal recourse of defamation, etc.
I would not suggest employing a detective agency or approaching any law enforcement agency untill you have concrete documentary proof of his misdeeds.
All the best.
30th March 2010 From India, Mumbai
With limited understanding in this field I have, I can suggest the following:
1. Put your house in order - that's the first thing that you got to do as HR
- Figure out things which are wrong/illegal/unethical and get rid of them
- He certainly has support inside - figure out what is causing people to dissent and work on it with positive attitude
- It also leads me to believe (though I could be wrong!) that there is lack of internal communication or employee engagement program - you might want to look at it.
2. Once you have taken care of internal issue, get someone from your team to open a discussion channel. No harm if it is official. The reason - you need to identify and understand the root cause.
3. You always have the option of writing to his current employer - if he was not mentioned that he worked for your company, means he has fudged his CV - which is wrong anyway and he can get sacked. However, that should be the last option.
Hope this helps
30th March 2010 From India, Mumbai
I would like to add something on this as i have gone through this kind of similar situation where one of my ex employee started to flow the negative information about our company in the market which was somehow true but I didn't contacted him to stop it rather than i focused to Circle of Influence rather that Circle of Concern i.e. to convince him and to compromise with him is Circle of Concern as we cannot change the Paradigm of that person who is totally negative towards the company but apart from it I changed the policy of the company at the same time i worked out to improve overall field of our company so that, that fellow has no valid points to say wrong / misguide the people in the market after few months he totally stopped it and FYI he is a very good person for me nowadays for his transitioned personality so only i could suggest you to focus on your own Circle of Influence where you could bring change / modify / improve.

Anyway thanks and hope my sharing will help you a bit.
30th March 2010 From Nepal
So, you cannot even find out his current employer and His current employer also doesn't know you. He has clearly outsmarted you guys. So, like mr.ramex mentioned, work on your circle of influence. Relieving the manager is the only suggestion I can think of which will settle everything for everyone once for all.
To me he looks like a nice guy. Being a system administrator, he would have unprecedented access to a lot of sensitive information. But looks like he is not taking any illegal path to get back at the manager. If he was really a rogue/psycho/black sheep, he would have caused a lot more damage. The fact that he is using only legal means, and the fact that huge organisations have acted upon with the help of his information clearly indicates that he a nice guy.
There are incompetent people who are always afraid of intelligent guys. It is their insecurity which causes them to use such language as this -

30th March 2010 From India, Bangalore
gkearney,
If he has not mentioned your company info in his work history, then you have a very good chance to prove that his intention of avoiding that into is not appropriate. You should call his current company HR and inform the same. Tell them that he is interferring in your company affairs and if there is law suit tomorrow you will make that company also part of it. I don't know how it work in your country, but in India IT companies are very particular about it and they immediately take action.
I still feel talking to him is good option rather than taking legal action. Again my comments are based on India context. If that ex-employee is in India, then I am sure someone in this forum can always help me, including me.
Ashok
31st March 2010 From United States, San Diego
We would contact his current employer if we knew who his current employer is. But we do not know that information, we don't even know what county he is living in.
His resume lists him currently as an independent consultant. It also lists him as an independent consultant for the time he was with us. technically this is true as he maintained his consulting business while he was also employed with us. We have never been contacted by anyone about him to confirm that he worked for us.
Given that we do not know who he might be working for or where in Europe or the U.S. (he's a dual U.S. and Italian citizen) it seems unlikely that we will ever be able to contact his employer.
I'm not sure what kind of suit we could bring against him and even if we did how would we serve him the papers? Tracking him down could cost a great deal of money and time and we have already spent more on this than we should have.
1st April 2010 From Australia, Perth
More flowers with very explicit notes in a female handwriting have turned up. This time at work and always when the manager is out so they have to be left at the reception desk where others can see them and the note. They arrive at random intervals always following a weekend. It's like he can read our manager's mind.
One of the flower shops told us that a woman came in and paid with cash they have never see her before and she has never returned.
The manager is a very conservative type and this is driving him and his wife crazy.
4th May 2010 From Australia, Perth
Hi,
A method you can try is to ask your representatives to meet the ex employee and try to find out the cause of his disgruntlement and the method of clearing any issue with him. record the whole conversation (audio & video) so that you could use the same for getting any evidence that he has done all those things which your company is charged with. With this you could try and seek the assistance of the the police for conducting an official 'sting operation' and catch the culprit red handed.
If such a thing is not possible then you will realize that you are cornered and have to take remedial measures like a out of court settlement or (buy him out) etc, to save your company from further attacks - if possible.
regards
6th May 2010 From India, Bangalore
Dear gkearney
Although I empathize with your problem; I can not help being amazed at the creativity and ingenuity of your ex-employee.
At times, a whistle-blower and at times acting in a strange non-violent way of protests.
May I know, why he was fired ??
If the infraction was not serious; why do not you consider re-hiring him ??
With his talents, put to good use; in marketing, new product development, consumer research etc.; he can surely be a great asset to your company.
All that needed is to make him an "engaged employee" and that's where good Human Resource Management comes in.
Warm regards.
7th May 2010 From India, Delhi
lol .. what a pathetic and sleazy suggestion. world would be a much better place without people lacking self respect to commit legal offences and stoop low enough to try and trap the person standing up(and that too in a legal manner) for morals .. using sleazy creepy petty tactics like hidden camera.
The world would be a much better place if more people follow the whistle blower's ideals and methods.
11th May 2010 From India, Bangalore
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