Dinesh Divekar
Business Mentor, Consultant And Trainer
Suhaskhambe
Executive Human Resource At Emcure Pharmaceuticals
Essykkr
Statutory Complaince/labour & Employment
+2 Others

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Anonymous
Dear All,

I would like to discuss with you reg our uncomfortable situation done by few of our exemployees.

Recently, we fired couple of freshers & experienced candidates due to the lack of professional attitude & poor performance in our company. We settled their salary & all their documents. Once they received every thing, they posted negative information disgracefully & created rumors about our company on the internet forums, purposefully. We found few entries from google search; However, they posted with fake names. We come to know about this info only when a fresher candidate denied to join with us and he/she mentioned that the company have bad review on the internet. We are expected that this issue may affect us in very near future since we are a small company and the freshers dont have the maturity to understand that some one's personal/SPAM kind of comment cant conclude a company's position.

Our management likely to go with legal action against these people those who spreaded rumors about our company and given fake informations. I would like to know what are the possibilities are there to take any legal action against these people (our exemployees) and how to collect the proof from those internet webpages?. Also like to know whether we can sign any agreements between our current employees to NOT create such negative feedback once they left from the company?.

Eagely waiting for all your valuable suggestions.

Thanks In Adv.

From India
Dear friend,
You have fired employees due to poor performance. Few were newly joined and few were experienced. However, before their termination, did you conduct domestic enquiry? Did you give chance to defend their position? If you have not conducted the domestic enquiry then would you mind to disclose the reasons for not doing so?
Domestic enquiry would have strengthened your position. The terminated employees could have been told that while separation from the company, you have followed legal procedure. Possibly this could have created sort of deterrence in their mind.
Domestic enquiry or otherwise, you may approach cyber police for spreading false and malicious information against your company. Further cyber police will follow their own course of action.
Thanks,
[/i]Dinesh Divekar[/i]

From India, Bangalore
You fired few employees fresher and even experienced, but you did not disclose the process of firing/termination.

have you followed due process of law/principle of natural justice before termination of these employees. if you have not followed any process set out under laws and simply terminated. than obiviously there is resentment amount the exemployees and even exist employees for such termination.

if you have followed the process means thereby issuance of charge sheet/helding domestic inquiry and have given chance to employee for their defence than its ok and good, otherwise you yourself on fault. and putting blam on the employees for bad mouthing and spreading remourse.

can infere from your post that you might have not conducted any fair and impartial domestic inquiries before termination. First organization need to come with clean hands.

Most of IT & ITES companies illegally terminate employees in name of poor performance without following due process of law, without adhering to the set principle of natural justice and with setting any PIP for such employees in name of company policy of code conduct, which is wrong and unethical practice.

Before taking such decision without adhering to system of law, the company need to think that it not only indulge the company in unnecassry litigation but also dent the reputation and goodwill of organization.

You may file complaint in cyber cell but chance of any action shall be negligible. Further it can also lead and open new arena of litigation under labour laws for orgnisation for illegal termination if any.

Sorry i may be blunt but its true.


Hello,
It is unwise to go for the legal method -
One it is too lengthy.
Second it is expensive.
Third it is time consuming.
Better would be to create a positive image, through satisfied employees and clients, through various resources.
Regards
Shiv

From India, New Delhi
Anonymous
Thanks for all your suggestions.

We are conducting continuous reviews & discussions for each new comers, given our feedback and help them fit into the industries. Moreover, we have clearly mentioned in the offer letter that the job will be terminated in case of poor performance. We are a small company & as well as working on the core technology, we wont hire candidate easily and dont like to lose them just like that. We are keep on watching the experienced candidate's performance, giving all the opportunities at our level best and always like to grow each others. I ensured that we have given enough opportunity to cottect their mistake and prove themself.

@Dinesh Divekar : Yes, we conducted the enquiries and given multiple opportunities to prove them.

@Essykkr : I am not bothered about IT & ITES based companies since we are not into IT/ITES sector. More inputs about the termination rather the issue. It seems, you are alomost concluded that we fired our employees unethical maner. What do you mean by "chance of any action shall be negligible" and how it become "lead and open new arena of litigation under labour laws for orgnisation for illegal termination if any" when it is legal termination and they are no more employee for us?.

I just like to specify more inputs from my side.

- We cant take it easily since it is a long term problem. Because, those entries will be available for while, cant be deleted and any one (including our clients) can refer it even after many years.

- We have already given enough opportunities for them. If they are right, they could initiate the legal action against us immediately. We could really appreciate them.

- Google easily found those entires on the first page itself coz it is forum and many people can visit.

- They have posted malicious comments purposefully with fake names on multiple areas about our company and our MD, AO,.etc.

- We consider, some XYZ persons posted this message since they posted with fake name. Our major concern is to remove those content at the earliest and then claim for the damage if any.

- Like to get any agreement from our current employees to NOT follow such unprofessional path.

- My personal question to everyone: Can you accept if some one written malicious comments about you over internet and spoil your name illegaly?.

@Meeting_Point : Agreed your point. Unfortunately, it is an online posting, available for while, any one can refer at any time and spoil our name. So we are in the situation to take right action.

Kindly let me know the cyber police's own course of action in detail and How to approach them.

One more important question is that cyber police will take action against those content (not bothered about those junk candidates) or they will diverting into the purpose of this posting like legal or illegal termination as few members questioned about it?.

Thanks for all your valuable inputs.

From India
Dear

Let me explaine, i did not conclude that you had terminated in unethical manner, i have said may be illegal without following the PNJ. Do you have Model Standing Order/Service Rules/Model Code of Conduct approved from Appropriate Authority?? there is difference between unethical and illegal. one thing may be eithical for you but may not be good in law.

And why ??? inpute on termination because this is the root cause and reprecussion of termination which lead to this resentment and bad mouthing about your organization.

You have mentioned in your offer letter that job will be terminated in case of poor performance>>> can offer letter superceed the provisions mentioned under ID Act/IESO Act/S&E Act or other applicable legislations. Its a big no for those employee who are falling in category of Workmen defined under ID Act. That may be fine with Manager/Adminstrator or supervisors.

Chance of any action shall be negligible because such kind of act,ommission/behaviour has not been covered under section 67 of IT Act which define such offences , but yes surely it can fall within the meaning of defamation under section 499/500 of Indian Penal Code as mentioned in Explanation 2 appended to this Section.

But in such cases proving defemation is quite hard, further against unknown persons, police soldem taken any action, you may have seen that for defamation most of cases are being filed directely to concered jurisdicational court.

You can filed compliant for defamation in police station and also for removing the content from google site.


In case any employees spreads rumors about your company or against any official, if proofs are available, you can take action as per the standing orders/disciplinary rules of the company by following the procedure.
From India, Hyderabad
Dear Anonymous,

Had you given written communication to employees not performing as per standard stating that " your performance is not satisfactory, you need to show improvement within next ***months". if no and directly given Termination letter stating performance issue then legally you stand no where.

if you had not given chance to employee to improve then you have not followed principle of natural justice.

If you are not doing any wrong things then opt for online rating of your employees and ex-employees. if your policies are good then you will get good rating as compare to bad rating. this will help you to promote your brand and bad comments will show very less effect because you will get maximum good comments. this can be considered as fighting back positively.

If you approach cyber police then you may spoil your company's image in Job market. you will fail to attract good talent in your company. even if you win it may harm your reputation. Also employees may file suit in labor courts for termination.

From India, Mumbai
Cyber police has its own course of action. if employee had registered fake email ID and fake Name from Cyber cafe. Cyber crime branch will try to find IP address of PC. If employee did wrong entry in cyber cafe register showing fake ID proof then it will not be possible to trace him. you will only be able to find cyber cafe.
From India, Mumbai
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™