New employee who appears to be an absolute misfit is threatening to sue the company - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Bijay_majumdar
Freelancer In Hr &indirect Taxes For
Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
Lavika Yadav
Manager-hr
Globaloverseas144
Soical Compliance Auditing
Nathrao
Insolvency N Gst Professional
Nagarkar Vinayak L
Hr-consultant
Aakansha_HRD
Manager-performance & Learning

Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Recently we made the mistake of hiring a culture misfit in our company. The employee joined all of 10 days ago. Since we certain behavioural issues have already been reported/observed, we have refrained from handing an appointment letter to him.
Objectionable behavior: Gossiping, asking about other employee's salary details, instigating others to leave organization because he thinks they are under paid.
Unprofessional conduct:we have received 7 to 8 complaints about this guy in last 10 days. Also, my team members have witnessed his rude & arrogant behaviour. Additionally his previous company has terminated him & his relieving documents are not genuine. (We understand this is a big slip on our document verification part- we accept this and feel guilty of the same. Its also a big learning for us)
When we tried to counsel him, he said the company can ask him to leave. So when we decided to do so, his father who is lawyer, is calling the HOD of his department and threatening to sue the company.
What should be done in such a situation to protect the company from a candidate who we don't think is a good fit for the organization? How should we handle the employee's father who is threatening us?

First of all document his misbehaviour-date wise, incident wise with witnesses.
Call him counsel him and warn him in writing.
Take acknowledgement from employee of the counselling and warnings.
If you have proof of fake documents just ask him to quit.
Show cause notice can be issued for fake documents and then terminate him without adverse remarks.(since your company feels his legal talents can create problems.
Call his bluff and terminate him by following due process
His lawyer father cannot do much if your due process meets the precepts of Natural justice.
Dont get bogged down and suffer his irrational and objectionable behaviour.
Also remember this father is not the only lawyer in the country.
Process of selection and verification needs review.

Dear Aakansha,
First and foremost, you deserve kudos for coming up with a actual workplace problem. Your honest admission of anomalous selection brings out humbleness in you. Rather than showing zeal to educate others by downloading some article and uploading it on this forum, discussion on these practical workplace problems maintain the distinctive spirit of this forum.
Going by the description of the candidate that you have selected, it can be deduced that the selected person is as good as hot potato. Sooner you drop it the better. Nevertheless, he is unsufferable too. Coupled with his unsufferableness is presumptuousness or even cantankerousness of his father. He has thrown his weight around by calling HOD of his son and passed innuendos of his profession to intimidate HOD!
Anyway, Mr Nathrao has given good suggestions. Let me add 1-2 more points. When the complaints are received from the persons working in other department(s), tell them to give the written complaints and too with material evidence , if any.
Secondly, you order domestic enquiry on falsification of the records of employment. It should not be that difficult for you to terminate him on this count.
Learning for HR Professionals: - The incident is a learning for all the HR professionals. Admittedly, this is a recruitment disaster. Therefore, question arises as to what HR professional need to do to avoid selection of this type of candidate. Which questions in the job interview could have uncovered quirkiness of the candidate? Do we give emphasis on the technical questions in the job interview with few questions or no questions on the behaviour? Which recruitment tests can discover behaviour of the job candidate that might not be amenable to the culture of the company?
Suppose for a while, HR professional would have discovered negative behavioural traits of the candidate, but he was cleared in technical round(s). In that case how many HR professionals are empowered to decline the candidature of the candidate? How many HRs get cowed down when the candidate gets cleared by the "top boss" or "semi-top boss"?
Thanks,
Dinesh Divekar

Dear Aakansha,
As is the father so is the son. Mr.Nathrao has clearly stated what should be done in this matter immediately while Mr.Dinesh as to what to be done in such matter in future. Follow their advice.

While you may have made a mistake during recruitment there is a way out here.
It is not possible to know that documents are fake until they are verified. Most companies do verification only after the candidate joins as they donít want the previous company to know the candidates is looking for a job
So it is not a real problem that you have now discovered the documents were fake. Suspend him immediately on ground of submitting fake documents. Conduct domestic enquiry and terminate him. Donít bother with behaviour grounds. Just this particular items stands indefensible
His lawyer father may send a legal notice or even file a legal suite. That you need to get a lawyer to fight. Aim to avoid a court hearing by giving a good and detailed reply. So also your procedure must be documented, fair and giving a chance to the employee to defend himself during the domenstic enquiry. If it goes to court, then let your lawyer defend it. There is no option. You canít keep such a person in the company anyway

An employer must always show natural justice, kindness and keep welfare in mind while dealing with employees.A happy employee is a productive employee.
That is the basic way to get more productivity from employees.
But when employee is showing his true nature by trying to destroy the company itself, there should be no hesitation in showing him the exit door post haste.
In the process of showing exit door ensure natural justice is upheld.
Here employee has submitted fake documents, and that itself is more than adequate to dismiss him.take this offence into a/c, hold enquiry as required in proper fashion and terminate.
His father ,may be a lawyer but that should not stop you from doing the right thing the right way by following procedure at quick speed before the virus of indiscipline sets in.
Mistakes of recruitment do happen, just analyse and set it right for next hire.
If right lessons are learnt this experience will be invaluable in setting up and tightening recruitment norms.
what to do with this individual employee is a matter of disciplinary actions.
What is more important tis to analyse how the recruitment took place?
Did the company have check lists of what to check before and during the process of interview?
Were the educational documents examined carefully?
What was the nature of fraudulent documents submitted by employee?
Frame some questions for every potential employee and see whether answers are indicative of fitment into company values.
Several deep questions need to be asked so that recruitment mistakes are minimised.
There is always a chance that selected candidate may not be a good fit, inspite of all checks,but increasing the stringency of checks is good so as to reduce chances of errors.
At the end of it all-act decisively now in accordance with principles of natural justice and learn right lessons.

Dear Aakansha,
In the matter already our collegues have given their input. Some times our mistake turned boon in disguise.
You withdraw the gate pass and restrict the entry of the person as well as the attendance. The case is simple as you have not issued the appointment letter yet, therefore the person can not claim/treat him as your employee. The candidate and his father can not do anything as have no instrument to call as employee of your organisation. Do not issue any official correspondence in name of the candidate, if anything has to communicate, do the verbal communication till the matter is settled. At this juncture any communication to the workmen or call for explanation would damage the case.
You and your team need to verify all your documents and act in sence in order to stop futher commit of another mistake. Do not proreactive wait and see the action by the person to decide your next course of action. You are in safer zone be calm and act as per the law.

Hi,
Iam seeing lot of inputs from our seniors.
But the organisation also commits the mistake by allowing a person to join duty without issuing offer letter. I don't see what ethics is this.
Having said that you can straight away tell him not to come next day onwards and also advise your security to deny his entry.
Had you issued the offer before allowing him to join the company then you need to follow documentary procedures.
You should ensure for any one before joining they are issued with offer letters with terms and condition which will provide you the necessary powers in your hand to terminate such profiles.
Regards
Ravichandiran

Dear Akansha,
You should have provided details like this so called misfit is a workman or non -workman ,his designation/ nature of duties , the nature of your business and whether you are covered under Factories Act or Shops Act to enable proper advice.
As rightly observed by Prabhat and Ravishankar that you have not yet issued him Appt letter which is a plus point in the legal battle if it takes place. If you have also not issued Offer letter , this can be advantageous in denying employer- employee relationship.
From the nature of the misbehaviors on his part , the person appears to be goon type union leader and he must have done similar things in his past employments. Find out if possible, and document it.
As Natharao has rightly observed, for the sake of future legal battle, document all the incidents chronologically with witnesses signatur etc . Involve good labour lawyer, right from this stage to create legal evidence.
This notwithstanding, if it is a fact that you have not issued any Appt/Offer letter , just stop him to attend office immediately by verbal communication.
Don't get cowed down by his lawyer father's posture of threathing you, as he will have weak defence for his deviant son.
Tell him verbally upfront that the issue ,if any, is between the company and his son and he has no business to poke his nose.
Don't get into any written communication with him regarding his separation .At this stage , I am not in favour of long winding process of show cause notice, holding of domestic enquiry etc but after his verbal separation, producing our evidence before the court when things come to that pass.
But, as I said, please have good labour lawyer to advise you at every stage of the matter as he comes with the grips of ground realities.
We are sharing our views based on the particulars provided by the poster it may be presumptuous..But go by the advice ofthe local lawyer.
Regards
Vinayak Nagarkar
HR-Consultant

Dear Ravichandiran ji,
Thanks for your inputs.We have given offer letter to that guy.FYI.
We have immediately initiated action as suggested by Nathrao sir & Dinesh sir.Also corrective & preventive measures has been taken to avoid recurrence of such instances.He has signed & accepted the code of conduct ,he has attended induction training , where we have communicated(written & verbal) him that any falsification of documents will lead to strict disciplinary action that may even results into termination of services.We don't issue appointment letter till all relevant documents is submitted by the candidate & as that guys has not submitted all papers the appointment letter was not issued. Our legal cell has also shared similar views as the senior members of this forum has shared with us.Their advice, helped in getting an insigh into what are the common practice in other industries.
Regards
Aakansha-HRD


This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Coô