Anil.arora
Administration Head
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Dikshit.tgs
Human Resources Professional
Lorreta Rebello
Hr And Admin Exec.
+3 Others

#Anonymous

Hi ,recently I had drafted a warning letter for one of my employees who was absconding. Later it was edited by my boss and the following was added:
\"Failure to report to our office in 2 days and we will report to Police on account of all the loss company has encountered because of you absconding from our office and leaving unfinished work which has adversely affected relationship with our client for which he may refrain for giving us anymore future projects. Legal action will be taken against you and case might be filed for all the loss company is suffering for now and future prospects with our client due to this act. Moreover, we will also send all the gaming companies a notice on account of your behavior explaining them about you continuously lying to us and absconding from here.\"
I believe that this statement should not have been mentioned in this manner,as it comes across as threatening.
Can some one tell me is this legal to mention in a warning letter ?
Also as I want to
From India, Mumbai

Hi Lorreta Rebello,
Firstly, I would like to understand the reason for absconding.
Though, the above statements are unethical, provided the employee did not do anything seriously wrong to the organization willfully, there is nothing as lawful.
Let us know the scenario, so as to advice accordingly.
From India, Hyderabad
I agreed Lorreta Rebello, the language is too harsh and must not be use like this.

In the case of Absconding, a warning latter must address a message and warning of losing employment but should not be in form of a threat to an employee but the most important thing, Lorreta Rebello, you have to be very careful at your end. See the changes in your drafted latter been made by your Boss which implies you canít overrule but can discuss and ask his advice in a matter that wont effect you directly but sends a message. Also if you have good terms with your Boss and feel you can deliver your message to him and without expecting any negative effect or reaction of your act, must speak to your Boss but if you do not feel comfortable, must not go against this.

Absconding is not acceptable, and i buy that employer has to take some good actions to tackle things and should convey a message to all employees so that other wonít try and act professionally but still Employer has no right to use this kind of language that even not stands on professional terms itself

Second, your kindness in this matter is appreciated and on professional terms, the best solution for your problem is trying to reach this employee telepathically or by using ref or any friend/employee. And, deliver a message that a warning latter is going to issue and serious action can be taken against him but without using words like advised by your Boss.

Lastly, you have to keep this in your mind that you cannot overrule your Boss or if not on terms that allow you to express yourself in this matter, DO NOT OBJECT.

And seems you left something to say. so please complete your query ...
From India, Gurgaon
Dear readers,
I'm an entrepreneur & I have had a couple of employees who absconded. Since, our company is small there was no backup for these employees. Due to this we suffered a lot & actually lost a few customers who never came back to us. I fully understand the the Boss's point of view.
Just as employers can't fire anybody without giving notice period or notice pay; same way employees do not have right to abscond for reasons of low pay or work dislike or better opportunities elsewhere.
I think there should be a Website where all such employees should be mentioned based on their ID proofs so that future employers can check & avoid them.
Regards
K Shah, Mumbai
From India, Mumbai
Hi all,

I Completely understand the implications of an employee absconding from a job, especially when it is a small organization where the employer may not have a back up.

However, I do not agree with Mr. Shah as he is only looking at one side of the coin. We also need to understand the reasons for the employee absconding.

Being an HR professional, I have come across many employees absconding from the job in my career and to be very honest, I also used to be very stringent with the employee in situations like this.

Thanks to one of the post I have come across online, which made me understand the role and importance of human resources. Probably that is why any company would require a human resources department.

This department should educate the employees and let employee understand the results of such acts.

Human Resources also needs to take precautionary measures to avoid people absconding from their jobs.

With my current employer, in the past 6 months out of 30+ people (absconded and resigned) there were only 2 people who have been absconded and out of them one person had a genuine reason.

Seniors can correct me if my views are wrong.....
From India, Hyderabad
#Anonymous
Hi All,

Thank you for your comments and contributions. I've spoken to my boss about this point , but as he is truly upset he is not going to change his mind. This employee has seen the company grow from 5 to 30, yet this is the way he left. Apart from this the employee who left has cost us dearly in terms of money, loss of clients due to him not completing his projects on time, in-completion of project and joining another company which happens to be our client, hence making a fool of us. The most shocking part is that he has joined without a relieving or experience letter, and I wonder how !!

My boss has also taken advice from some advocates about recovering losses incurred due to this employee, from this employee. And the losses are immense, in terms of loosing our big clients and delay in delivery of projects which are crucial to us as we are a growing company.

I really don't know where is this going to end , but end doesn't seem to good for this employee.

I would like to know how can we communicate to the entire team of 30 employees about the consequences of being absconding and many other issues that we are facing as a small company.

As I am the only HR in the company and I am not trained to handle these issues (I am only trained in Recruitment), I would like some suggestion on how to change the mentality of the team, and bring in some positive energy and motivation.

I am looking forward to start some sessions to promote self motivation and good relations in the company, can any one guide as to where can I seek help for the same.

Thanks

Lorreta Rebello
From India, Mumbai
Dear Lorreta

I understand your predicament.

i agree with the opinion of Dikshit.tgs and others.

About the para added by your boss and despite his emotional state, it is entirely unfair to put the blame on the person who absconded; and taking legal action for the losses does not hold water.

For one, If the employee was so valuable; what was his designation, salary and other compensation ?? Does these justify the role he was performing ??

I am certain; despite such responsibilities which can cause such a huge loss to the company; he must have been exploited and paid peanuts.

He helped the company grow from 5 to 30; yet he must not have been rewarded adequately.

what else can be thee reason for his leaving like this ???

It is advisable to do some soul searching; and to attempt to make him responsible for the losses (some of which may be entirely hypothetical), would only project the ridiculous way the company has been functioning. Why was he not made the Director (or promoted to some senior position); if he was so much responsible for the existence and profits of the company ??

This has happened only because that person was saddled with much more work than he could handle; there was no back-up or support available to him; had it not been the case the company would not have been hit so hard due to his absence.

Pardon me for the contrarian opinion; but I feel the employee had no other choice left, but to leave without any notice. Under the circumstances, as cited by you, one does not think his notice of resignation would have been accepted; considering that the company is so vulnerable due to his absence.

It would be in the best interest of the company, if instead of pursuing this matter, which is not at all worthwhile; thee company pursues a policy of HRD and developing its employee to an extent that "no one becomes indispensable". It will also result in lesser attrition.

Warm regards.,
From India, Delhi
#Anonymous
Dear Mr. Raj Kumar,

I clearly did not mention this employee being the only person to have brought the company up to this level. It has taken the efforts of the entire team for this company to stand where it is now. he has had a contribution as a part and not entirely. We offered him a team handling position and with that an incremented amount which would as with all would have been negotiable. We never forced any one in this company to do work that is beyond their capacity . Coz if we were so, we wouldnt grow in the 1st place.

In fact we had a number of issues with the employee regarding his indiscipline, regarding not coming on time to work . Taking excessive leaves and half days etc. But we always kept an open mind , warned him and still motivated him to work hard , as we considered his talent above his mannerisms. Even though he was talented he couldnt give proper time lines for deliveries and always delayed every project delivery. I understand the content of the letter was rude ,but im glad its not illegal.

And Mr. Raj Kumar, you make our company come across as some kind of slave run operation. While we are just the opposite.

Nevermind. I would like to inform you that we had accepted his resignation, but wanted him to follow the company policy of completion of 45 days notice period, which he did not do. Also he left the project mid way without a proper handover and he purposely created bugs in the application he was developing and put us into a mess before leaving, deleted all research material which is company property.What more can I say.

But I still take a stand for my Boss as I can truly understand as a human being , when all the training you put into an individual to convert him from a fresher to a proper developer,and he ditches you in a manner that puts you to such loss of image , you are bound to let human emotions override you.

I was hoping for a more positive outlook from this forum, of how to handle this situation . Still keeping my hopes alive.

Thanks,

Lorreta
From India, Mumbai
#Anonymous
Dear Dikshit
As mentioned by you about educating employees and letting employees understand the results of being absconding , etc .Could you suggest ways of how do I go about doing this. Because I really agree to this point of yours. My knowledge in this field is limited as I am just beginning, but I am willing to go all the way. Would really appreciate your help on this.
Thank You.
From India, Mumbai
Hi Lorreta Rebello,
To address this issue, I would suggest call up the employee make him understand the situation and invite him for a discussion with the management.
Negotiate the notice period consider his as resignation and get the pending work done. If the employee is unable to come, let him complete the task at his convenience even from home.
Meanwhile, you can try getting another resource for his replacement.
Hope, this works out.
From India, Hyderabad
Hi anonymous, This requires acting dynamically as per the case. You can contact me over the telephone, and surely I can assist you. Contact: 08501003082
From India, Hyderabad
Dear Lorreta,
What ever may be the reason the employee should have followed proper procedure of resignation, relieving etc. Calling him now for negotiation & asking him to complete the pending job is of no use. Even if one forces the employee to come back for notice period he may not work properly. You can take the horse to water but can not force it to drink water.
I understand your boss feelings & probable reason for adding little harsh language could be to teach a lesson to him and to make other people understand the consequences of leaving without information. The motive may be to prevent future losses rather than to gain any thing from the present case.
Regards,
K.Ravikanth
From India, Ludhiana
#Anonymous
Hi Lorreta Rebello,

I am not absconding I have resigned properly from work and completed things what was assigned to me and handed it over to the project coordinator and other related employees.

As per the appointment letter clause no 7, I am not a confirmed employee and you have never confirmed my services till the day I resigned for which I have been requesting.

Please go through the appointment letter and do not harass me and give mental stress to me and my family.

I had been working in your organization day and night, even on weekend and during public holidays and there was lot of work pressure which I never complaint of, I did what I was told to do and tried to give my best.

I never got any kind of training from your organization, I learned everything on my own and in turn provided your organization with my knowledge for which I was being paid.

I thank you for making me a team leader that too after leaving the organization ! However I never got anything in written that I was a team leader in your organization as I never managed anyone and nor did I hold that designation in my tenure.

I want to make another point, how can your organization incur losses due to my resignation as I was just an developer and there are many more developers working in your organization who are qualified enough to do my work and as mentioned by you that there are 30 employees in the organization then how come there will be losses because of one person. And I would like to remind you that according to my appointment letter I was given the designation of Jr Mobile Developer.

There are false allegation being made on me that I deleted any work or my research work from the computer let me be very clear that all my work and research work is in the organization computer and on the organization server and same was reported to higher authorities in the company. And that computer is under your access.

I was looking forward for a good relation with your organization even after resigning and provide any help with my available knowledge however after receiving such kind of warning letter I don't think the company is interested in keeping any good relation with me further.

I end my conversation here all the best for your future.

Thanks
From India, Mumbai
Hello to All,.
Well after numbers of suggestions, long discussion finally we can see many development and interesting things in the case because of direct response by the employee whom we are discussing here and the case related to him presented by Lorreta Rebello.
Reply No. 13, by Anonymous (Employee) directly to Lorreta Rebello, says alot and is enough to get the conclusion i believe, therefore, i request you all to consider the points he has presented before expressing yourself further in this case.
Second, i also want Lorreta Rebello first to reply so that other member who have participated can help you both to get a good solution of this.
From India, Gurgaon
I see a difference in this case all over. The HR concerned here, Lorreta Rebello showed a different concern at the beginning and this concern changes with the different replies of different people expressing their point of view.
It is surprising that the candidate concerned himself has replied to this lady.. and please do try to notice that his response in terms of attitude seems very straight forward, eager, sensitive and in a way used. A sad thing is that we are keeping one truth aside, small companies I have seen (especially the growing ones) have less employee strength and a lot to accomplish. I can easily estimate how much this company might be making these people work. To note that this employee was one of the five when this company started growing.. and looking at his designation he seems to be a fresher in the industry. Certainly his hunger to learn and grow is easy to exploit! And when I read his reply, I looks like it was so..
I would like to bring to notice to all the
From India, Palladam
Dear All,

I apologize for not having reverted to this discussion before, as I was unaware of the update on the same. But I would like to inform all , that I was being miss informed and miss guided by my boss about the employee who left the company. And the harassment that I got to know about was being done by the company co-founder and not me .I'm sure the employee in discussion will back me on this. Being new into handling HR responsibilities I was unaware of many labor laws and processes related to the HR role. But trying to solve this issue has given me a lot of insight into various areas of Legal compliance's and HR processes that I'm still learning.

Currently I do understand what experience this employee had been through , as I've been through the same a couple of months after this employee left and I'm still going through it. But the good part is that this issue has finally been resolved and I've been in touch with this employee for quite some time now . I wish Sidhanshu all the best , as a friend and as an ex-colleague , for his future endeavors .

Thanks to all for their inputs on the same matter.

P.S - This discussion was not taken up to defame anyone or any company, it was purely taken up to solve an issue.

Thanks and Regards,

Lorreta Rebello
From India, Mumbai
Hi Lorreta Rebella,
I appreciate your interest and promptness in reverting although its quite some time by now.
Since the issue is resolved, we wish you all the best.
With best regards,
Dikshit T G S.
From India, Hyderabad
Dear Loretta
Its good to read about your revert.
I also appreciate that now you have realized that there are two sides of a coin; and the other side may be more significant.
This experience has helped you into growing up as an HR; and understand the issues and being more sensitive to the employees; who are the weaker party whenever the situation comes to a confrontation. In a demand-supply situation which favours the employer - who has the liberty to pick-choose-dump employees; an employee can not even dream of choosing an employthe terme and condition of his employment which are always set by the employer and he is bound/forced to follow them; whereas employers are notorious for flouting even the Acts and statuettes of the State with impunity.
I again, appreciate your views and learnings from the issue.
Warm regards.

From India, Delhi
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