Saswatabanerjee
Partner - Risk Management
Ukm
Top Management
Cite Contribution
Community Manager
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Shah01ankita
Talent Acquisition / Consultant - Catalis
+1 Other

Dear All,
Please let me have your expert views and solution for the following case:
We have terminated one Mr. S in june 2013 and he still represents the company in the field and tries to project that he is still an employee of the company to the vendors. He is also accepting all the orders and sending orders to his line manager as well.
In this scenario, please let me know how to make him understand that his services has been terminated and that he should not continue to represent the company to any one.
Can we send him some kind of warning notice, if yes, it will be great if some one could provide me a content of such notice as well.
Many thanks!!!
Regards,
Deepali
23rd August 2013 From India, Mumbai
Deepali,
What is mean by " He is also accepting all the orders and sending orders to his line manager as well " do 't you have any official email ID to take orders? If yes how can a terminated employee can use Official Email ID to accept the orders?.

23rd August 2013 From India, Pune
Deepali,

when we terminate any employee or when any employee resigns from our service, we ensure the foll on the last working day -

1. Ask the employee to deliver all business cards back

2. Ask the employee to do proper handover of any company property like manuals, project information, excel sheet, company's id card, etc. If the company has given him mobile, the same is also to be hand over. If the person uses just company's sim card, he's eligible to handover the sim as well.

3. Ask the IT Team to change the password for the email ids that are generated so that they do not have access to it, (Many companies block the mail id, however some continue the mail id by changing password so that clients can be informed about new mail id they'd have to refer to)

4. Hand over the termination / relieving letter.

I doubt you have done the termination process correctly.

However, if you think you have carried out all the steps perfectly and yet the data is being misused by the terminated employee,

give to him in writing reminding the separation policy of your company and consequences faced with overcited.
23rd August 2013 From India, Mumbai
Dear Rupali,
Your Organisation will be well advised to issue a Public Notice through Leading News Papers to inform all concerned that " Mr So and So is no longer working with us and anyone dealing with him will do so at his/her own risk and consequences”
You may also issue warning to your staff who are accepting and processing the orders obtained by the said person and passed on to them.
U K Munshi
25th August 2013 From India, Delhi
Also you will need to inform all customers (and new ones if you get orders through him), that this particular employee has been terminated and they should not deal with him. Make sure they are given contact number of other employee who has taken over the territory from him.
You also need to check if any customer has made payments to him which you have not received.

25th August 2013 From India, Mumbai
Dear ukm
This is not a desirable option.
Just because a company has surplus money to splurge on publishing Public notice on newspapers; it does not mean that they should indulge in an act amounting to maligning a person.
Would it be OK if an aggrieved employee names the Company in a public or online forum or if he has the money to put up a notice in newspapers that he has left the company ?
Warm regards.

26th August 2013 From India, Delhi
A related question on the effectiveness of this medium I will ask is : does anyone read or bother with such advts ? Do the concerned customers read them ?
I do not remember reading any such advt in the last 5 years. Of the ones I read years back, I don't think I remembered the name after 10 minutes ......
There are some circumstances under which it is required by law. But this is not one of those. Instead, an individual letter / email to each customer would be better.
Btw, why would the employee continue getting you orders after termination ?

26th August 2013 From India, Mumbai
Dear Deepali

It is strange that the ex-employee is diligently ".... accepting all the orders and sending orders to his line manager as well."; such services in gratis is a rare phenomenon. Perhaps the company is not interested in his orders and devising a commission/incentive plan as an Off-roll entity.

The best option under such circumstances, would be send internal mails to the parties concerned in his territory/field, who have prior dealings with the company or from whom orders have been received; indicating the change in the sales/marketing deptt. and the Contact Details of the new person who has been assigned the responsibility.

Take it as a positive opportunity for customer relationship and service. You can draft your mail in the following manner.....

....

"Dear XYZ (firm's name)

It gives us great pleasure to have been associated with you for quite a long time. Over the years of our relationship, we have tried our best to serve you by ............

We are happy to announce that we have made some changes in order to serve you better.

From now onwards, Mr. ......... designation.... contact details.. shall look after all your requirements ............. He will be the single point of contact for all your dealings with the company. ......

We look forward to...... "

....

Being vindictive towards an ex-employee will not serve any useful purpose for the company - apart from giving the Message (in case of a public notice) that how vengeful the company is - it does not even spare its ex-employees.

Warm regards.
26th August 2013 From India, Delhi
Dear Sir,
Public Notice is to safe guard the interest of the organisation. One does not have to use derogatory language in the notice (you need not give the why of it. Just that he/ she no longer represents you). A mere notice does not amount to maligning. It also does not matter if any one reads it or not but if the company is dragged to court by someone due to some misdemeanour of the ex-employee, a Public notice will be the best evidence to disown any liability.
I am sure you would be aware that such notices are equally advisable (and may be mandatory) in case one wants to have a court marriage or even for changing one’s name.
U K Munshi
26th August 2013 From India, Delhi
Dear ukm
I agree to the extent mentioned by you - to indemnify the company in case of any litigation or claim.
Accordingly, the language should be drafted as such - polite, formal and for informative purpose only.
You"ll agree that many of such notices, that one comes across; are in a language that indicates as if the ex-employee is a convict-at-large or has committed a massive fraud or swindled the company. Under such circumstances; forget about getting another job, it is difficult for the employee to even face his family or friends.
Warm regards.
26th August 2013 From India, Delhi
Well, the prime objective of any activity concerning an organisation must be to safe guard its interests and reputation. Public notices are one of the right ways to meet this objective. Wrong use of words only shows the drafter’s cultural background and a distinct bankruptcy of vocabulary. The solution, therefore, is not to avoid issuing Public Notices but to train your staff to be more objective and polite.
U K Munshi.
26th August 2013 From India, Delhi
Its vague to me, that he was terminated and still sending your team projects from customers. If he is contacting your clients he can direct those orders to somewhere else for his benefits.
I second Sawasta Banerjee's point about the payment.
Why would he still continue to serve his ex-employer for no gains ? Unless he is trying to revive his employment contract with your firm. Is there any reason why he would do this?
Please speak to him and hear him out. Highhandedness might not be required, if you get to know his reason for being so persistent.
A new offer is difficult to land when someone becomes unemployed. You can always issue notice and warning, once you de-root his reason in the first place.
Wish you all the best !
26th August 2013 From India, Mumbai
Ukm,
Do you think putting a public notice protects or absolves you ?
This is a market where you have to cater to your customers.
If a customer claims to have paid to your former employee because he didn't know he has left and no one from the company informed him of it, do you think your having put an advt in news paper is going to help ?
You may win a court case on that ground, but the customer is not going to pay you.
Plus you will list all future sales. Unless you are lucky to have a monopoly product.
So, I still say, not a public notice but an individual intimation to each customer would be required.

26th August 2013 From India, Mumbai
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