Dhruva.trivedy
Trainer, Facilitator & Consultant
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Ryan
India's 1st Strategic Strengths Coach, Corporate
HR4NATION
Hr Consulting
Virmatta
Retired Cmd
+5 Others

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Hi,
Can Someone give him/her views on this incident:
I run a training company which deals in schools & colleges and for that I have appointed a female freelancer trainer for 2 days project.But she indulged in unethical behavior by exchanging her contact no. directly to client and also insulted my Training Head in front of clients' Team.
Now I told her to send apology for the same.But she Threatened me that she will not do the same and will lodge a case for harassing a trainer.
What Should I do in this?
Please give your valuable inputs
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Follow the normal procedure of violating the terms laid down in the appointment letter and issue her a show cause as to why she should not be dismissed. Do you possess documentary evidence to prove that she worked for your client and that too not by representing your company? If you do, it makes your position stronger. It's very easy for a woman employee to state that she was being harassed, but she has to produce evidence against yours. Do you have people to stand by you in your company? For more interactions contact me on my email
As Mr. Dhruv said he is right do you have any paperwork stating that she was working on behalf of your company along with the agreement, terms and conditions. Then you can take action against her send her a show cause letter for the same. Alos, if you do have you company people with you to stand be you then she can't do anything coz she also needs to produce some evidence for the same and now a days there are many fake cases of harassment filed with women so the law agency do keeps that in mind. Also, i believe you are with your clients for good time and they what is best for them....
Dear
First of all in future get an agreement signed by defining your terms and condition which must have minimum term of two years as , you will not take up directly or in any other way this type of business or profession\" which can be provided to you on your request .
2.You can ask apology or issue letter only if you have some written terms and conditions signed by her.

Hi
In the agreement you have signed, is the term "Unethical behaviour" defined? If so, does exchange of contact nos constitute unethical behaviour? Is the contract for a one time assignment or a fixed period of time? If it's a fixed period, does it restrict any other form of work as Avtaryadaya mentioned? In today's world, where one can easily use the internet to find information, you would have to prove that numbers were exchanged and that it was against the SIGNED agreement.
To my mind, I don't think you can stop this.
On the second count of insulting your Training Head, make sure you have complete facts before taking action.
You can always terminate her agreement after getting another trainer.
Regards,
Hello Manish,

I think you are shooting @ the WRONG TREE.

While hiring Freelancers have a lot of advantages, it also has it's own set of Disadvantages or rather Limitations....one of which you mentioned.

Howsoever strong your Documentation is, it never is as strongly implementable as it is for an employee.

Rather than focusing on this Freelancer, suggest focus on your client--why did they encourage any of their employees taking her contact numbers WITHOUT your knowledge? Make your Agreement with them [or any other client too] ironclad with specific clauses addressing such possible situations.

Suggest take-up the issue with them & express your displeasure...preferably in WRITING, to put it on record.

Coming to your mention of 'unethical behavior' in your Agreement with the Freelancer, suggest reword it to mention VERY CLEARLY the types of behaviour you object to. The definition of 'unethical behavior' can always be contested--why leave scope for such a situation at all?

And also, suggest LINK such behavior with some sort of monetary damage in the Agreement itself.....like forfeiture of the Payment for that assignment, etc, etc. This will make the Clause very focused along with the consequences of such an action by any Freelancer you may hire in the future.

It's something like telling a kid 'Don't do this' & expecting adherence to the Rule. What if we tell the kid 'Don't do this OR ELSE you loose the Ice-cream' [or whatever the kid likes the most]'? Which of the steps ensure a better adherence? Hope you got the point--nothing but simple Human Psychology.

All the Best.

Rgds,

TS
Friend,
Forget about the incident. Why?
1. You have hired a freelancer for 2 Days.
2. After 2 Days she is not reportable to you nor she is yr employee.
3. Exchanging contact numbers is not a crime, its professional as well as social.
4. Laws are heavily loaded in favour of females. One action(though not true) will make your living difficult.
Further when you sign agreements in future with your clients ensure that you insert clause, protecting you and your organisation.
Virendar Matta
Revenge is waste of time. You know how to run your business. Why worry for just one client. Let it go!!! You have guts and skills to load your organization with multiple clients. When one door of opportunity closes, Just forget it and keep going ahead. Many doors might be awaiting with multiple opportunities.
But learn a lesson from your failure. "To increase the rate of success, Double the rate of your failure".
Don't waste your time for just free lancer. Trust your skills and keep going. Invest the same amount of time in bringing new clients, You get permanent clients instead of investing your valuable time in taking revenge against your free lancer. Let her go... Just forgive her... Take lite... Show mercy... You will be happy at the end of the day!!!
My take on the situation:-

1) Regardless on the duration of the engagement of the mentioned freelancer trainer, adherence to the agreed terms & conditions (T & C) of appointment is expected

2) Failure to abide on the T & C means you have the right of actions (including unilateral termination of the contract of appointment) and taking legal action to recoup any financial losses

3) What constitutes unethical behaviours by the freelancer trainer? Are these behaviours properly spelt out (including prohibition of the trainer to exchange biz carads with your clients), without which you have no locus

standi to take any legal action

4) If you plan to take legal action, what monetary loses have you suffered? If not, why incur legal costs and not claiming any financial losses?

5) Consider it a "good" learning lession in doing biz with freelancer trainer and be smarter the next time round

6) Ask yourself does exchanging trainer's biz card help to build or curtail your biz relationship with your clients?

7) How about making a biz card for your freelancer trainer where all future contacts are through your office (in this way, your client will not be able to contact your freelancer trainer directly, essentially avoid bypassing

you to get biz for the freelancer trainer)

All the best to you! CTFoo
Exchanging contact number with your client is not unethical. You cannot restrict anyone on this. As a member has posted, it is a social gesture. Only thing what you can do is, you can set a condition that freelancer should not do direct business with your client.
She insulted your Training Head in front of client team. She is not gonna send apology mail to the client or to you. Even if she does, it is not going to make any difference. It all depends on how strong your relationship is with your client.
Don't waste your time on this. Take it as a good experience and move on
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