Labour Law & Hr Consultant
Insolvency N Gst Professional

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What action can the Company/Management take against an employee who has cheated the company as follows:
1) NO proper notice of resignation
2) Irresponsible: Company had to bare a penalty of Rs. 4,00,000/- due to the irresponsibility of the employee and also had to lose the access to the scheme which was beneficial for the company due to the same.
3) Data theft: Employee has stolen the data of the company and has started a new business in collaboration with an ex employee of the same company.
4) Dual employment: The employee was still in service when the new company was being formed.

From India, Mumbai
Point 1 and 2 are depnding on terms and condition of employment.
How did he singlehandedly cause loss
Who was his HOD?
But 3 is an actionable offences and if evidence is there, file a case for data theft and intellectual property rights
Consult a good lawyer

From India, Pune
Dear friend,
The post, in its entirety, seems to be an expression of inability and the frustration of the management.
The maximum punishment that could be awarded to a crime of a premeditated murder is death sentence.
In the realm of employment, the maximum punishment that could be given against any grave misconduct is dismissal.
Having incurred heavy losses by the negligent or irresponsible act of the employee and with a reasonable suspicion of theft of the company's vital data by the same employee, it is not believable how the employer simply accepted his resignation in violation of the notice conditions of the contract of employment. Why not the employer reject the resignation and Lodge a police complaint on data theft apart taking proper disciplinary action against the employee simultaneously?

From India, Salem
Dear Friend,
The Management could have suspend the employee with immidiate effect with serve an explanation of notice: The employee left you gracefully before you could initiate any action for his alleged mis-conduct, which is well evident from your post.
That the emloyee is not in your company roll by now. If his emloyment has not been closed by now;
You can sent him a notice of absconding from job ask him to resume service within a time frame or other wise management can consider his sevice for termination. And a lawer notice with charge of stolen data, if you are desperate.
Irresponsible: Wait till to get reply from the employee to your letter of absconding & lawyer's notice
3) Data theft: :- You can lodge a police complaint. Provided, you have the proof of theft and use of the data by other company,. If the said "Data" of your company with copy right.
4) Dual employment: Too late for any action. You have to wait till to get reply from the employee to your notices

From India, Mumbai
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