How can we manage an employee who do a lots of gossiping and bitching about management just because his/her leave has not been approved and he/she has got a warning for the rude behaviour towards HR and Mangement.??

From India, Gurgaon

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Though management has refused leave to the employee he has no case to resort to rude behavior and badmouthing about management during office hours to express his displeasure over refusal of leave.This kind of behavior may become contagious, if not curbed and surely needs to be disciplined.However when behaviors which are the cause of a misconduct are not employee's own making but triggered by the behavior of another more so when it is management, then you have two approaches to deal with it because there is likely to be a case of shared blame.1) One is reformative approach and 2) the other is retributive approach.In the instant case though leave is not a matter of right of an employee and the management is entitled to refuse it on grounds of administrative expediency, yet the sound principles of employer - employee relations requires management to look into requests of leave with empathy and fairness as they are generally need based and act on merits of the request. Reformative approach lays emphasis on correcting the behavior of the erring employee but not condoning it.It can be resorted to when ---

1) it is an isolated case of misbehavior and not his habitual nature.;

2) whether the employee's request is genuine;

3) whether the employee is in the habit of going on leave frequently and on flimsy grounds;

4) whether the management's action in refusing leave is arbitrary, without any justifiable reason and lacks empathy.

You can go through the whole context of refusal of leave and the behavior it triggered in a fair manner and if you find that the answers to queries No (1) (2) and (4) are 'yes' and if the answer to the query No.(3) is 'No' , then you can call him for one to one meeting and counsel him about the employee's position in respect of leave, the need to maintain discipline,the ill effects of gossiping on work and bad mouthing about management and the ill consequences of improper and reactive behaviors and issue him an advisory memo to refrain from repeating such behavior in future and putting him on notice of serious action in case of breach of discipline in future.

If he is a repeat offender and is the past master at this game, you can take disciplinary action by issuing a show-cause notice, calling for his explanation and imposing a minor penalty as specified under your disciplinary rules and thereafter monitor his conduct for further necessary action.

hope this helps.


HR & Labour Law advisor

From India, Mumbai

How was the employee before his leave was refused or before he got a warning?
He/she needs to be spoken to clearly and told that speaking ill of management and gossiping will be viewed seriously.
Also find out why he is cribbing so much.
After all in office leave gets denied at times and a warning letter is part of working life.
One must take things in his stride and not get into a situation of continuous back biting/gossiping.
How senior is this employee?
It will always be better if a senior HR person or even his HOD is tasked with counselling and also recording the gist of conversation/counselling.
If still there is no improvement,then show cause can be served and further action as needed can be taken.

From India, Pune
Was there any specific reason to refuse him leave?
Bad workers are normally made by the negative attitude of the management. Better the management reviews its leave sanctioning policy. If the employee was in dire need of leave, refusal can make him not only arrogant, but also a bad worker. So, the management should not act as spoiler of the workers, rather with its positive attitude it should become a motivater for the employees.

From India, Delhi
Dear Rashmi,

This is in addition what other senior members have said. I would like to ask two questions. First one is that do you have Policy on Employee Leave well in place? If yes, then have you written in that policy that "leave is privilege and not entitlement"? Has this policy been communicated to all the employees?

Second question is about training on business etiquette or workplace etiquettes. In the induction training have the employees been told to follow the rules of workplace? On refusal of leave, if some employee starts grumbling, then who observed it? Did any employee other than you complain to you? The behaviour that you felt wrong, why others did not feel it and immediately challenged the employee to stop back biting?

The incident could be reflection of your organisation's culture. If it is then you need to fix it as early as possible.


Dinesh Divekar

From India, Bangalore
Ms.Rashmi Shrivatsav,
In addition to the opinion of the members, you being HR personnel, why don't you initiate disciplinary action against the employee in terms of your CSO or MSO. to improve the discipline in the organization. You don't hesitate to punish him if he found guilty on the charges leveled against him.
Adoni Suguresh
Labour Laws Consultant

From India, Bidar
Ms. Rashmi,
It seems, either your query is hypthetical or you are not serious in getting solution to your problem, if you/ management really have any problem, as you have not bothered to reply my query asked 32 days back, on 01.12.2015.
To be very frank, I do not think you are an HR Genralist or have any such problem in reality, as your age of 20 years itself speaks that you have not yet completed even your graduation, what to say of completion of MBA Degree! Please don't make fun of the members of this forum.

From India, Delhi
Thank you for your generous comment. Talent is still valued,Bdw I think you don't know why we use Cite.hr. Its all about sharing problems advising others and making connections with some great seniors(Not judging others). Also would like to say if you have a thinking like this please do not make any comment on my post. Else I would surely going to make fun of you.
From India, Gurgaon
Ms. Rashmi Srivastava,

Nice of you throwing your threat of making fun of me. By the way, what you have been doing so far, except making fun of not only me but of other elders and senior members of this forum?

I may or may not know why we use Cite.hr, but of course, I can firmly say, you don't know that. Cite HR is not supposed to pose mischievous hypothetical queries, but to deal with the real problems of the members, which they face in their lives. You have stated that Cite HR is "all about sharing problems advising others and making connections with some great seniors." But, you have not shared the real problem that I am sure. Had that been your real problem, you could have been curious to get that solved without loss of time and would have readily responded to my query when I asked, "was there any specific reason to refuse him leave?" But you used to keep silent over my query for more than one month and responded only when I dared you to prove if that was your real problem.

About advising others, you can only be expected to advise others how to act mischievously or misuse the sincere efforts of others, who try to solve problem of others by wasting their time, energy and infrastructure without any real gain to them, like me, who has no chance to use any other's knowledge now after about fifteen years of my retirement from active service.

You could well have realised that my sincere effort was to solve your problem, if you really had, after knowing the background of the problem and how the management acted on such incident, when I asked you the question, "was there any specific reason to refuse him leave?" That too , without expecting anything in return from you. But, not to say of clarifying your position, even after my observation, you preferred only to throw insult and threat to make fun of me by openly threatening, "I would surely going to make fun of you.".

That itself proved that neither there was any problem with you, as you did not spell the reason for refusal of leave, even now after asking, nor you tried to share the background, even if the problem persisted, nor you were interested to know the real process to tackle with such a situation if that arises any time during your life. That makes quite clear that you were interested only in your entertainment, but not desirous of learning something vital from the seniors of the forum.

So far as making connections with great seniors is concerned, that is your vain desire, if you are not serious in leaning anything from them and don't respect them and even throw threats to make fun of them.

So, far as your direction for me, not to make any comment on your post, don't forget, you don't enjoy any discretion to debar anyone from giving his observation or reply to your query that appears on an open forum, like Cite HR. Anyone is free to give his observations on your post, if you have failed to state facts of the so-called problem of yours.

So far as your assumed problem is concerned, I can however predict that due to your own behaviour you, of course, can become the target of such type of a situation for yourself, if employed, as exceptions are always there, where the employers are compelled to break the rules of law to get rid of some really mischievous elements.

Best of luck!

From India, Delhi
Ms.Rashmi Shrivatsav,
Your comment in this forum against the post of Mr.P.S.Dhingra openly is not proper and against the ethics which is hurting the members who are sharing their experience and contributing their valuable suggestions. The suggestions given by the members voluntary to accept or ignore is up to the person who raise the query and also suggestions given by the contributing members is not binding on any body. No body have the rights to make such a derogatory comment is intolerable .against such a old senior contributing members of this forum. You are the new to this forum. Please learn the things first and then react with the same.If you are a real HR professional, in your own interest and also in the interest of the contributing members, you are advised to make a apology letter, addressing to Mr.P.C.Dhingra, in this forum and correct yourself in future if at all you are interest in interacting in this forum
Adoni Suguresh
Labour Laws Consultant .

From India, Bidar

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