nnvakil
Hello All,
I have a situation where I have to make decision on the relieving and experience certificate of an employee. Today was his last working day, but IT security dept has raised a concerned that he has forwarded some technical docs (non-project though) outside the company. But all of the mails were deleted from his personal mail id by IT security now and nothing is lying outside the company premises. The employee has served our company for really long time and holds good record on performance. In his defence, he mentioned that it was purely unintentional.
Shall we issue an experience letter and relieving letter with no mention of termination ?
Or shall we terminate the employee ?
Please guide through this.
Thanks...


rahul_tomer
First, you have to check that he is guilty or not. If you find any fault, you should issue the termination order after conducting an enquiry.
Otherwise, you should issue a Experience certificate & reliving letter if management doesnt want his employment.
regards,
(RAHUL KUMAR)

From India, Delhi
prashant1314
46

Unless it is not proved wheather the data sent outside was intentional or inadvertent it is fatal to presume anything.
Indian Law also presumes the person as Inocent until the charges are not proved. Please enquire / probe then only come to conclusion.
Please do not spoil anybody's career by Careless presumptions & decisions.

From India, Pune
nnvakil
Thanks Rahul and Prashant ..
The employee has also given us the written apology for the incident for what has happened. Also, the employee has no such history of any such misdeeds ....
So shall we issue experience letter and relieving letter ? Also, as a penalty, can we hold back re-hire option and any benefits to the employee while clearance ? In this, he can get the penalty without ruining the career ..?


Vyakhya
12

Hi ,
I completely agree with Prashant , I mean we should not unnecessarily play with someone career and moreover why he will do it on his last day.
Please look in all details that come to any conclusion.
Rgds,
Vyakhya.

From India, Bangalore
harshiika
Hi!
1. When you already know that the mails that the employee has forwarded are not project related then there is no point in proving him gulity. It could be that he might have forwarded office team-outing pics or some training material to his personal id, as most people do this on their last day.
2. When there is no other proof, there is no other choice but to provide him with his deserving experience letter & relieving letter.
3. Rehiring is at management's discretion but all the other benefits should be provided to him as his past record is clean.
Rgds,
Harshiika

From India, Hyderabad
vetrivel70
Hi.
It's clear. You are certifying him as a good & long relationship with your organization. Now the Person want to leave the organization. Pls send him happily & ask him to contact back whenever he feels that to come back.
Punishing / refusing to clear his experience certificate will damage your organization reputation. It will create the favour on him with in your factory circle.
Take a bold decision to relieve him without any worrys in mind.
"People never leave the organization. They leave only bosses".
He should have +opinion about your organization, wherever he goes.
Vetrivel
Titan Industries
Hosur.

From India, Bangalore
Raj Kumar Hansdah
1426

Dear nnvakil
Thanks for putting up this query.
I have no comments to offer.
I thank the members for giving appropriate suggestions.
As I go through your query and this thread again, I feel it is high time that we remove the word "Human" from HRM. There seems to be no "humanity" left in HRM, else such queries would not have been posed.
The best solution in such cases; and I am sure you"ll come across many everyday in your career; is to EMPATHIZE.
Just try to PUT YOURSELF IN THE SHOES OF THAT PERSON; and you"ll know the injustice that you are trying to heap upon an employee who served your company.

From India, Delhi
kraos_1954@yahoo.co.in
30

Hi Friends,

I opine that if the out going employee wants to transfer the data why he has to do it on the last day or even through the mail, he can as well do it from the date of his resignation submitted. Knowing that the IT department can trace out the data transfers and all he may not be doing the mistake, he might have chosen other alternatives.

You are only certifying that his track record is good then why to suspect on the last day. As far as the rehiring is concerned that is future, let us see who is who over a period of time. You also don't know that you may join in a company where he is in very senior position like CEO or else where you have to report to him vis-a-vis as this field is like a train journey.

Spoiling the career of any individual or the relationship is not advisable. If you are issuing a relieving and service certificate why to hold or deduct his payables. Pl. clear and let him go happily, a word of mouth may spoil the image of the company and individual.

Regards - kamesh

From India, Hyderabad
hariraj@rediffmail.com
Hi,
Please issue this gentleman relieving and experience letter in good faith and termination is not at all justified in this case by HR and Personnel Department.
I also feel that H of HRM is getting depleted in today corprate scenario and very recently we all read that HR manager Sathish of Infosys at Bangalore had killed his wife Priyanka in broad daylight for his selfish reasons.His profile in Infosys prior to his brutal murder was that he was responsible for background check verification of infosys employees!
I am not saying that all HR managers do such things in their daily life and career,however,this example clearly proves how in-human we are when we deal people in corprorate and in our daily life.
Regards

From India, Mumbai
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