Dinesh Divekar
Business Mentor, Consultant And Trainer
+3 Others

Thread Started by #Laura Maria

Dear All, I would like to have your advise for this situation. One of our staff had resigned due to poor performance and behaviour issues. As the normal exit process we asked the staff to prepare the handover summary and handover all equipment, documents, etc. to the organisation on the last working day and to collect the full and final settlement from the Office after completion of all exit formalities. closer to the last working date I received a mail from the staff that she is medically unfit to come to office and is advised bed rest and that the staff will call and let us know when she can come to office to handover and take the final settlement. Till date the staff has not called me or the reporting manager and is also not responding to our phone calls. We have been sending emails/reminders to come to office for the handover and to complete the exit procedures. we have received only one email which says send my final statement to the bank and then I will submit the equipment. we have replied that this is not possible by the organisation standards, but have not received any reply since. what should our next step be.. Thanks
9th November 2016 From India, Bengaluru
Hi,
I am not an expert on this topic, but faced a similar situation in our office.
What we did was sent a notice to report to office on a mutually agreed to date via registered post. If the employee agrees to report to finish the handover process, all is well and good. Incase she does not you can terminate her employment due to her being absconding, and make a recovery of your equipment from her full and final settlement, as per company policy.
Also care must be taken to provide a comfortable working environment when she comes to the office to complete her handover, if she does.
Please take an opinion from 2-3 seasoned professionals before taking any action.
9th November 2016 From India, Mumbai
What she is doing is offence that can be covered under Criminal Breach of Trust under IPC. Also if she tries to sell those equipments the same is theft under IPC. So ask your legal team to take action. Also visit the site below.
9th November 2016 From India, Kolkata
Respected Ms. Laura Maria,

I would talk on the subject covering "Legal Formalities" involved in a situation like the one here ....

It seems that the Employee is trying to play a little "Hide & Seek" by not attending your calls but is recording all her points through mails sent to you. Under such circumstances it would by advisable to release "News Paper" classifieds in one National Daily and in one Local Daily mentioning therein clearly

- that she (name of the employee) has resigned from the services of the Company on ...... (put date here) that has been accepted by your Management vide Letter No. ...... Dated ...... and she has been asked to properly handover equipment etc. for settlement of her Full & Final dues as per company policy.

- that she is neither responding to your telephone calls nor contacting you in person, but is sending mails putting forward her own conditions for settlement that is not acceptable to the company.

- that she is requested the to contact Mr ....... at ........ (company address) within 7 days from the date of issue of publication failing which the company would be compelled to recover the cost of the "Equipment" from her final dues.

You may proceed there after to settle her dues in your way. The Publication as above would cover you in any Legal Forum.

Regards,

Soumitra Sengupta
9th November 2016 From India, Pune
You can directly go ahead with a public showcause notice in the court. This will ensure that formalities are taken care from your side. Also raise police complaint about missing equipment.
9th November 2016 From India, Bengaluru
Dear friends, Thank you so much for your response and advice. would certainly put forward your inputs
11th November 2016 From India, Bengaluru
Dear Laura,

The other learned members have given advise from the legal point of view. My reply is from the management science point of view. There is one important sentence in your post. It says "we have received only one email which says send my final statement to the bank and then I will submit the equipment."

Now my question is why employee felt need to hedge the office equipment to get the terminal benefits? Why the employee in question is not ready to trust you? Irrespective of the reasons of the exit, are the employees treated fairly?

While you may sue to the employee for unauthorised retention of the company's property, and you could win court case also but the underlying fact of loss trust cannot be ignored. It could be one-off case but even if one employee looks at management suspiciously and resorts to some trade-offs then this is a manifestation of loss of credibility. Sooner you take steps to restore the credibility the better. How to create environment of trust is far more larger issue than what are you looking at.

Thanks,

Dinesh Divekar
11th November 2016 From India, Bangalore
Dear Mr. Divekar, Thank you for your insightful comments and suggestions. i appreciate it. kind regards.
15th November 2016 From India, Bengaluru
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