Dinesh Divekar
Business Mentor, Consultant And Trainer
Abedeen7
Assistant Manager Human Resources
+3 Others

PROBLEM CREATOR EMPLOYEE-HOW TO GET RID

There is an employee working for last three years in the laboratory and there she has a group of follower. She acts as ring leader and create problem in functioning of the department and many time she has been asked not to do so. She works parallel with the department in charge and always against and opposes him. She has strong hold in the management so she doesnít care to any one even to doctors and HRs.

I joined the organization and I saw mess in the department. I talked with the in charge he said I am helpless but hesitate to share why things are happening so. I conducted an open house in the department and I could see the arrogance and non cooperation of some employees. I find the root cause and spreading like cancer. I was trying to find ways to get rid of them ďring leaderĒ. So I planned to cut the branches first. Department in charge told me they are saying that they will take your job if you go against them.

Then I started making close observation on their functions and identified the first target.

I collected all data and evidence like insubordination to seniors (didnít participate in department meeting), no takeover and handover of duty at the beginning and end of the shift, misbehave with nurses, late attendance and unauthorized leave and error during investigation.

I asked him in writing to explain in writing within 48 hours of receipt of this letter as to why an appropriate disciplinary action should not be taken against you. He didnít accept so I send by post. I didnít get any explanation in 30 days. So I send him a termination letter mentioning as per appointment letter that is 30 days notice period. His last day was 20th July.

She was asked to participate in the performance assessment examination but she didnít. She was given another chance and senior management personnel called her to attend but she didnít bother to respond him. They are very annoyed now and want to get rid of her. Itís a chance came to me. She is absent from last 5 days and not even picking in charge calls. I have send her a show cause notice and planning to send another couple of letters in coming days. Then will frame charge and enquires against her then will send her a termination letter.

I need to know your views and suggestion to manage this process in a smoother way.

Shaikh Abedeen

Human Recourses Professional
22nd July 2013 From India, Bhubaneswar
Dear Abedeen,
I find little logical inconsistency in what you have written. In fifth paragraph you have written that "So I send him a termination letter mentioning as per appointment letter that is 30 days notice period. His last day was 20th July." Now my question is once the delinquent employee is on notice period, what is the point in giving show cause notice or send letters to her? You should have done all this before putting her on notice period and not after.
Since she is adamant in nature, I recommend you conducting proper domestic enquiry and then terminating her services. Make sure that enquiry is not vitiated in any way. In future if she were to approach labour court, you should have problem of any kind. If she abstains from enquiry, you should have proof for that.
Ok...
Dinesh V Divekar
22nd July 2013 From India, Bangalore
Sorry for the inconsistency in the sentence
ďI didnít get any explanation in writing from him so I send him a termination letter with 30 days notice period as per the notice period clause mentioned in the appointment letter. His last day with the hospital was 20th JulyĒ.
We need to be very cautious while handling this as we may be challenged by the labour department. We need to prepare the charge sheet with all charges and enquiries should be transparent.
Thanks for your suggestion.
22nd July 2013 From India, Bhubaneswar
Mr. Abedeen...??
Kindly tell me one thing she /he in which category employee. Worker/Supervisor/or??
Give me your contact number will tell you?
But one thing you cant terminate him/her just like that. There are lot of formalities. Proper domestic enquiry, procedures.... bla bla...
Else you may have to face legal procedure if she went to the Labour Court or Labour Commissioner
Regards,
satyaa k
23rd July 2013 From India, Madras
Hello Satya,
Thanks for your suggestion and advice.
Both of the employees are under highly skilled category worker. There are process for terminating employees like issuing of show cause notice, framing of charges and conducting of enquires. On the basis of the finding of the enquiry action are taken against employees.
We have asked him to serve a notice period of 30 days as mentioned in the employment contract. Is this not legally validated? Need your views.
On the part of the female employee we will send couple of show cause letter, then will frame charges and conduct enquires then action will be taken against her. We are giving enough opportunities to keep her stand.
23rd July 2013 From India, Bhubaneswar
Dear Abedeen, One thing it is not at all clear. weather the employee male or female? one sentence shows male because of he and another para shows female employee? please clarify.
24th July 2013 From India, Secunderabad
Hello Raju,
I have described in the post about two employees one is female and she is the main reason behind creating all problems in the department other is male and is member of her informal team.
First we have identified the male employee collect all the evidence, issued him a show cause notice but didnít receive a reply from him for 30 days and then issued termination letter to him with 30 days notice period to be served by him.
For last 6 days the female employees is not coming to work and we have issued her a show cause notice.
24th July 2013 From India, Bhubaneswar
From the initial post and the subsequent clarification it appears that you have already got rid of the male employee and you are now concerned about the female one only. In that case you have to take into consideration certain facts. Though she has been a trouble maker, you did not get a proper chance so far to fix her. Now, she has - 1.not attended the performance assessment meeting; 2. did not take your calls; and 3. did not report for duty for the past four or five days (there was also no intimation from her, orally or in writing, I presume). These are not reasons enough to terminate an employee. The punishment should be proportionate to the offence. Otherwise it may be quashed by a legal forum. The fact that she is neither attending duty not taking calls may indicate that she is on the look out for some other job or she might have already got one. If that be so and if she wants to leave, grab the opportunity and get rid of her without standing on prestige and precipitating matters.
24th July 2013 From India, Madras
Hello,
She and her family are staying in hospital provided accommodation. If she is not willing to join thatís good we can show her absconding. She wants to prove that the department cannot run without her.
Lets she whatís the end to this. She has received the show cause letter today.
24th July 2013 From India, Bhubaneswar
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