Dinesh Divekar
Business Mentor, Consultant And Trainer
Recruitment/talent Acquisition, Career Counselling
+1 Other

One of our ex-employees who left us when asked to improve on his performance has moved to Canada subsequently from India. We had withheld his last month salary on investigation since we learned that he was passing sensitive information to competitors and was using company money to travel by Air for his Canadian immigration purposes.
This employee started writing to us from Canada in threatening tone that if his due salary is not released he will write to all our customers revealing all our sensitive information lie costing, company information etc.,
We also have copies of emails he has sent to many of our customers degrading our company & copies of emails where he has sent company information to competitors.
How do we tackle this ex-employee who is working in Canada?
11th July 2011 From India, Pune
Dear Soma Gupta,

When we analyse the whole incident based on the information that you have provided, it appears that you did not have proper procedure of checks and balances. How could this person leak out the information? What was your cyber security department was doing? Did your management place too much of trust or person was given importance over the process?

You have written that the employee was "told" to improve the performance. How did you tell him? Do you have copies of written communication? Has he signed on the file copy?

How the separation of employee took place? Did he submit proper resignation and has taken proper clearance? If he took proper clearance, why this fact of information leakage was not detected?

Why did you withhold the salary once you do not have any authority to do it? You could have kept him under suspension pending enquiry. However, even then also the employee is eligible for subsistence allowance.

Why you did not conduct the domestic enquiry? Was the employee given chance to defend his position in the enquiry if it was conducted?

Solution: - At this stage what you can do is to conduct the internal enquiry and generate the proof of his deceit or mala fide actions. Thereafter lodge a complaint against this person in the nearest police station. The second thing to do is to inform to your all the customers that Mr "---" is no longer your company's employee and therefore, any communication from him should be ignored. If the employee has abandoned the employment then conduct the domestic enquiry for his absence. But for this generate sufficient proof of having been called him to depose before the enquiry.

This is a legal matter therefore, other legal experts also can give their better opinion.


Dinesh V Divekar

11th July 2011 From India, Bangalore
Dear Soma Gupta,
Two more things you can do in addition to what I have said in my post.
First is to find out in what company this chap works. Send a letter to the MD of that company. Attach photocopy of police complaint to this letter. This way you can keep informed MD of his new company about the depravity of this person.
The second thing is approaching NASSCOM. If you are from IT or BPO sector then find out what is the procedure to black list the employee.
Do you have certified standing orders. If you have them then taking action under the provisions of the standing orders will make handling this case of indiscipline easier.
11th July 2011 From India, Bangalore
Hello somagupta168,

I second Dinesh V Divekar's comments.

If you can give the details Dinesh asked for in his First Posting, suggesting the MOST appropriate solution becomes easier.

However, pl rest assured that this can be handled. Even if you have withheld his Last salary, pl note that he, or anyone for that matter, DOESN'T have a right or option to send the mails you say he sent to your clients/customers. He SHOULD HAVE pursued other options.

First & foremost, you need to escalate the issue legally--lodging a Police Complaint. But if, however, you or your company wishes to give him another chance, suggest contact his parents/relatives--whose contact details you have on records--& inform him thru them that his actions will be taken seriously, if he doesn't stop. It may not be necessary or appropriate to give any leads on what you intend to do--if he doesn't mend his ways.

This guy has sown the seeds & he ought to reap too--the consequences of his actions.


11th July 2011 From India, Hyderabad
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