Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Psdhingra
Legal Analyst, Hrm
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+1 Other

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Dear Sir,
This for your information. One of our Vice President - Mktg & Sales has attached fake hotel bills and not worked in the field from April 2017 to May 2017 and claim expense of both months. now he is resigned and asking for settlement. We have send him f&fs to him by email and registered post. we have recovered expense & salary for both the month. information received from the field in written email. now VP- mktg & sales is sending harressing email to the company. what action to be taken. please guide us.
Regards,
HR Dept.

Dear Sir,
Vice president name Rajesh Kumar Jaiswal - V.P. - Mktg & Sales.
We have send him F & F settlement by recovering his salary & Expense of April 2015 & May 2016. Now he is sending threatning emails to company.
above is recover due to fake bill of hotels is attached & emails received from the field that he had not work in field in april 2015 & may 2015.
Now he is resigned. Also please note that his recovery is coming more than Rs.1 lac.
please guide in these regards.
Regards,
HR Dept.

Dear Ganesh,

On discovery of the padding or fudging of the hotel bills, you should have ordered the domestic enquiry. VP should have been given chance to prove his point. If the misconduct was proved in the enquiry, then you could have initiated the recovery process. Your problem is that you have given short shrift to the legal process. Hence the so called harassment.

Pending the issue of discipline against VP, why your company accepted the resignation? On receipt of letter of resignation, you could have given reply stating the esignation letter is held in abeyance till the closure of disciplinary proceedings against him.

Even now also you may order the domestic enquiry though it may tantamount to putting cart before the horse. Notwithstanding the position of the cart or horse, your choice of direction would be correct and you would be able to obviate some trouble that the VP may create in future. Sans proper domestic enquiry, today if VP files suit against your company for short payment of his legitimate dues, his position is stronger.

Thanks,

Dinesh Divekar


Dear Mr. Ganesh,
I wonder, if you really hold some managerial position in your organisation. First of all, except the year 2015, you have quoted wrongly the years of 2016 and 2017 in both of your posts. Secondly, you should not have mentioned the name of the VP, as he can even drag you and the management in the court of law for defamation on account of mentioning his name in the open forum, even if on investigation you would have come to the conclusion that he would have submitted fake bills.
However, so far as the fake bils are concverned, if no investigation has yet been made from the hotel management, your organisation must make investigation from the hotel management and record the facts to be placed in the company records to tackle with his threatening.

Hello Ganeshpawar,
In addition to the goof-up w.r.t. the Years, like PS Dhingra pointed out, there does SEEM to be something amiss in the info you provided.
You say that the hotel bills are fake......HOW do you know? Do you have a written confirmation from the hotel(s) concerned?
If Yes, how come the VP is threatening & raising a stink......since he surely knows he faked the bills & human nature being what it is, one usually attempt to keep silent & the issue under wraps when he/she is exposed?
OR does your line "....information received from the field in written email" mean that you depended on your field staff to arrive @ the conclusion? Without any written corroboration from the hotel(s)?
If Yes, then MAYBE someone in the field staff is playing a game here.....for whatever reason(s)?
Irrespective of what actually transpired, like other members pointed out, an internal enquiry would be logical & most appropriate.
Rgds,
TS

What is the meaning of "harassing emails" ?
What kind of a harassment is this ?
It's easy enough with emails. Just auto delete it without reading.
What do you mean recovery ?
Are you saying you are paying him net of deduction or are you still to recover the amount from him ? If so, have you sent a legal notice ?
Please be clear when you post any thing on the forum

The querist is keeping mum for the last 3 days without clarifying the issue. This indicates, as if he has come forward with some fake case just to waste precious time of the members for the reason best known to him only.
Dear All,
Year Mentioned in above email is April 2015 & May 2015. it is by mistake i have written.
Regarding Proof of Fake Bills We have written proof from hotels and from field people. that VP - Marketing & Sales and not worked in the field for both months.
Regarding Harrasing emails? He is writing again and again he will complaint in police station.
VP - Marketing & Sales is not accepting that bills attached in his expense statement are his bills.
Please help us in this regards.
Regards,
HR Dept

Hello Ganeshpawar,
Reg 'He is writing again and again he will complaint in police station', just ask him to go ahead. When you have all the evidence against him, it's HE who should be worried than you or your Company. Most likely, he's only threatening.
However, your line 'VP - Marketing & Sales is not accepting that bills attached in his expense statement are his bills' does give a twist to the tale. IF these are NOT his bills, then what's the problem? It means that the expense statement doesn't hold good....& can't claim travel expenses for the 2 months. It only makes his case for reimbursement null & void.
AND if he denies the Bills you showed to him, which OTHER bills did he attach? Were they vetted & verified by you?
OR have I misunderstood your inputs?
Rgds,
TS

Mr. Ganesh Pawar,

Like Mr. Tajsateesh has pointed out, your information definitely contains deficiency in description of facts. As you said, "VP - Marketing & Sales is not accepting that bills attached in his expense statement are his bills," the question arises, who attached those bills on his behalf with the supposedly signed statement of the VP and with the same amount shown in the expense statement, if the claimant VP is declining to accept those billd to be his own? Moreover, if he he does not intend to accept the bills to have been attached, he should have been asked to indicate, in which hotel he had stayed, for whaich period and where are the real bills of his stay? Even on that, the management would have started investigation, or he would have been asked to submit his correct expense statement/ claim. Even on that he would have been held responsible for making false claims.

Now, when you say that you "have written proof from hotels and from field people. that VP - Marketing & Sales and not worked in the field for both months," and also that "he is writing again and again he will complaint in police station," I don't know why the management is tolerating the blackmailing tactics of the ex-employee. Merely on the basis of these two evidences, the management could have lodged a complaint with the police for blackmailing of the management by him, in spite of his false claim. So, if the facts narrated by you are correct, discuss the issue with the Directors of the company and go ahead with taking suitable action. But, if you have not yet come out with the real facts, better give proper description of the same here for the information of the members to enable them to help you sort out your problem.


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