Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Ravi5554
Asst.manager -hr
Tushar.swar
Manager - Human Resource
+2 Others

Dear All,
We have a unique situation with an employee, and your valuable advise how to handle the situation.
This employee is provided with free staff accommodation as part of the initial agreement.
Few months back, we were informed that this employee is using the extra rooms beside the staff quarters to reside his father, mother and sister. A warning was issued to him, with deadline to vacate his extended family. But neither an explanation was given, nor were they vacated.
In addition, to a more higher degree/level, it was revealed that he and his wife have family issues, and he has abused his wife physically and verbally, multiple times.
Given the situation, what is the best way, and legal process to suspend or terminate this employee.
Will issuing multiple Memos work. Is there a gap needed between memos. Does he have any legal grounds to sue the organization if we terminate him?
Would greatly appreciate your inputs.
Regards,
Saj
Dear Saj,
first of all, i belive that, Domestic violation with wife is not connect with employment law & on the same ground you can't take any action or terminate any employee as it is not effecting to your business or employment.
Secondly, he is misuse & unauthorised Possession of company property & you have given him the multiple warning letter then, you may free to further legal action, OR
You may ask him to leave the accomodation with the help of Police & you may recover the charges of unauthorised accomodation for duration of which has been used.
Hi,

Terminating Employees

Voluntary Terminations

Employees leave their jobs on their own initiative – resignation and retirement.

Resignation

Employees who resign are expected to provide written notification to their supervisor at least prior to the resignation date.

Retirement

An employee who retires is considered to have voluntarily terminated employment and should provide written notification to their supervisor at least weeks prior to the resignation date.

Leave of Absence

Please refer to the “Leaves of Absence Without Pay” policy.

Involuntary Terminations

A separation of employment initiated by ABC that may result from layoff or discharge.

Layoffs

Please refer to the policy Layoffs.

Discharge

Discharge is a termination for reasons that include but are not limited to poor work performance, absenteeism, tardiness, insubordination, illegal activities or other violations of ABC policy. Discharge requires consultation with HR prior to taking action. If consultation is not possible, the employee can be placed on a temporary suspension without pay by the supervisor until HR is consulted. All discharges must be fully documented and the employee’s last day of work will also be the last day paid. HR must be consulted before making any exceptions to this procedure.

Payroll

A Staff Changes Form (SCF) must be processed upon termination. The following information must accompany the SCF:

· Written resignation if applicable.

· For discharged staff, prior warning letters and final discharge letter.

· Date last worked.

· Forwarding address.

· Accumulated vacation time.

Terminated employees must work for in order to be eligible for an accrued vacation payout.

Exit Procedure

The exit procedure must include a checklist of items that should be collected and/or destroyed. This procedure applies to all employees. A copy of the completed checklist must be retained in the personnel file. This process ensures that terminations are processed correctly and efficiently.

SUBJECT: Termination of Employment

PURPOSE: To provide a standard procedure to ensure that all staff are properly terminated (i.e., resignation, discharge, retirement, completion of temporary assignment or layoff).

POLICY: It is the policy of Employer ABC that terminated employees are assured proper settlement of wages and benefits.

CONTENTS:

1. Procedure

2. Retiring Employees

1. Procedure

a. Employees notify their supervisor at the earliest practical time when terminating employment.

b. An Employment Changes Form (ECF) must be prepared by the employee's department and forwarded to Human Resources.

c. The Department Head must notify Human Resources and Payroll of employees that leave without notice.

d. All terminated employees will be afforded an exit interview and is necessary for a complete clearance from ABC.

2. Retiring Employees

a. Employees should begin retirement procedures days in advance. Contact Human Resources for specific documents, forms, and procedures required by the retirement and insurance programs.

Hope this may help you.........
Dear Saj,

Before termination, I strongly recommend to counsel him. Have you done that? If counselling has failed at your or at some senior's level then I recommend you taking help of professional counsellor. Professional counsellor may counsel even family members also.

Secondly, do you have credible evidence about family violence? Have you made opinions on hearsay?

Thirdly, just think about his spouse for a while. If you terminate the employee, he could be unemployed at least for a brief period and her hardship will only increase further. Yes, we should be concerned about running our enterprise and we are not running some charity organisation, nevertheless, if you counsel the employee, his changed behaviour will save couple of lives from ruin. If you do this, your company will fulfil social responsibility. If everything goes well then the employee will remain loyal to the company forever. Some way or other this news of counselling will reach all the employees and it will enhance standing of the company in the eyes of the employees.

Termination is a last weapon that management should use. I request you to give due thought to my suggestion or take all the possible steps before taking this last resort.

Please come back to this forum after couple of weeks or months and confirm how did you handle this situation.

All the best!

Dinesh V Divekar


Dear All,

I think we are diverting our focus from core problem, the core problem is unauthorised possession of company property, saj mention about his domestic violation is only for to give his family history.

But, no one can take action on domestic violation untill & unless, his wife not report against it as well as i have mentioned ealier, there is nothing any concern about the employment.

I seen Mr. Dinesh has suggested for consuling, i really appreciate about his suggestion, but, how do you counsel to some person, who has taken possession of company property as Unauthorized...?

Counsile can be provide for behaviour or mental problem of person, not for intention of person. what he has done is clearly shows that, his intension is not good & he is misusing the company benefits, its loss of trust of company. he should have think about the effect of his act before taking a step.

So, i feel that, only legal action can be the correct solution for the same. However, i Doesn’t want to say to terminate him, but, atleast company can get the place in their custody as its their property.
Dear Tushar,
I am not against disciplinary action or legal action per se. Counselling precedes these two. My only point is that do not jump to these methods directly without counselling employee. Let us not use sledgehammer where hand works!
Thanks,
Dinesh Divekar
Dear Mr. Dinesh,
I respect your view & it has plenty value too..
but, this is the seriouse misconduct. if you not take this seriously then, rest of employee may consider you as granted.
If somebody, enter in our house as authorisedly & stay forcefully, so, what should we do..? should we counsel him OR try to get that place in our own custody by legal when, specially, he is not trying to understand by intimating abou the same many times..?
Do you really think that, still he diserve for Counseling...?
Eventhough, in this case, company has given enough warning letter to him, but, he has not taken seriously & not bother to revert. So, his intension is disclose by his such behaviour.
& i believe that, every time, situation can't be handle by only one way, some time we need use another way too.
As well as keeping properity in own customy by authorised is legal matter, so, it should be documented somewhether.
I hope you understand the legal point of view also.

If the employee is mis-using the facility, you can file a case of illegal occupying and squatting. However you will need to realize that the employee is aware that he cannot be easily evicted.
You will have to serve him multiple memos to indicate the violations and prepare for eviction.
I think that the questioner wants a qiuck and decisive remedy and that's why he is asking the ways and means for the termination of the accused employee. Regarding unauthorised occupation of the portion of the building, you can evict him forcefully with the help of Police as suggested earlier and if that would mess up, better levy proportionate economic rent and deduct it from his salary after due notice. About his rude behaviour with his wife, whether any complaint from her or the neighbours complaining against this to the management as a nuiscence affecting the entire neighbourhood? Any way, you can try the option of counselling as suggested by Dinesh. If it is not fruitful, better ask him to vaccate the quarters forth with.But don't assume the role of moral police and act wrongly in excess of enthusiasm.
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