Thread Started by #Anonymous

Hi everyone, We run a job consultancy company. An employee had produced a fake degree to our company and we did not do a background check and we deployed the employee to our client company. After deploying we come to know that his degree wasn't genuine. He did not work in our client company as he was in his training period , after coming to know about this he resigned from our client company and from our job consultancy as well. So he barely got trained for less than a month and no damages occurred for us and for our client as well. And this whole thing happened 5 years ago. Can we take legal action on him ? Does our company get liability for cheating our client using this fake degree employee ?
21st April 2019 From Singapore, Singapore
Has any development taken place?
5 years have gone past and I am sure company would have reviewed the case n corrected procedures.
Dont precipitate things presently.
21st April 2019 From India, Pune
Dear friend,
The incident has happened five years ago. Yes, your company should have done the background check nevertheless, when it was discovered that the employee's degree was fake, you had initiated disciplinary action and had terminated his services. Therefore, the corrective action was taken. Then why you are feeling guilty now? Secondly, why you would like to rake up the things after five years?
Heading of your post is a misrepresentation of facts. However, considering the incident as misrepresentation from your side would be wrong. There was misrepresentation from the candidate's side and you have taken disciplinary action.
On discovery of the fake degree certificate, you have terminated the services of the employee. You have awarded him punishment in the form of termination of the services. Now on what grounds would you like to award him punishment for the second time. Please note that Indian jurisprudence does not allow two punishments for the same offence!.
Yes, mistakes happen while executing the work. But then neither you had tried to cover up nor you had justified your mistake. Therefore, ignore what had happened five years ago and move on!
Thanks,
Dinesh Divekar
22nd April 2019 From India, Bangalore
#Anonymous
@Dinesh Divekar
Thank you for replying to our post.
We didnot terminate him , he(employee) got out of the company by paying us a fee amount. And it was "Resignation" and he sent us a resignation letter and resigned immediately after he came to know that we know that he's degree isnt genuine , and we didnot terminate him at all. We charged him 1 LAC as per written in our bond agreement !
Please answer , if we take this to the court , do we get charged for criminal offence for misrepresentation ? As it is our duty and a job of consultancy is to thoroughly check the employee background before deploying him to the client !
23rd April 2019 From Singapore, Singapore
#Anonymous
Please note that we did not terminate him at all , we (some ppl) in my company intentionally allowed him to stay at our client company.
And that employee came to know that we came to know about his masters and bsc degree wasnt genuine , so he quickly resigned from our company by paying 2000 SGP Dollar (~1 LAC Indain Rupee) to our company.
And if we file a case against that employee , he says he's gonna charge back on us as we had intentionally let him to stay at our client company and cheated our client (even knowing the fact that his degree isnt genuine). Moreover as we had already settled this case , he says he's gonna charge us for "False Accusing" as the settlement (money payment to our company as per in the contract) had already happened and we donot have contract (agreement) papers as well as we shredded it after he paid us.
Moreover his resignation letter is helping him , as we didnot terminate him at all !
23rd April 2019 From Singapore, Singapore
In my understanding, even if the employee had been terminated, initiation of criminal action does not entail double jeopardy.
However, admittedly, the incident had occurred more than five years and by the Indian Law, provisions of 468 CrPC may impede the action.
As the query is from Singapore, may be stringent action could be invoked.
23rd April 2019 From India, Kochi
#Anonymous
@Pvenu
Please read my update ! I've mentioned that he wasnt terminated and resigned from our company.
23rd April 2019 From Singapore, Singapore
Dear friend,
If the employee commits any misconduct then the right procedure is to order the domestic enquiry and investigate the incident. Depending on the merits of the case, a suitable punishment is awarded.
In the course of the enquiry, if the accused employee submits a letter of resignation then it can be held in abeyance till the completion of enquiry. Domestic enquiry and employee's resignation need to be seen differently.
In your case, you did not follow the principles of natural justice. As per the terms of employment, he was required to pay a certain amount because of non-completion of the notice period. He did it and he had left smoothly. While separating an employee probably you had drawn solace from the fact that he has paid a handsome amount in lieu of the notice period. This solace overrode the legal concern. Now after five years, the legal requirement has become a pressing requirement.
I do not see any reason to delve into the past and dig up the case. What will you achieve out of this that you know it best.
Thanks,
Dinesh Divekar
23rd April 2019 From India, Bangalore
#Anonymous
@Dinesh Divekar
Thank you once again for your response mate.
So you must have got a clear idea of the scenario.
Final question to close this thread
Are we liable(accountable) as well as we didnt do a background check and didnot terminate him and deployed to our client?
Not gonna take any action anyways.But please answer our above ques ?
23rd April 2019 From Singapore, Singapore
Dear friend,
You have asked - "Are we liable(accountable) as well as we didn't do a background check and did not terminate him and deployed to our client?"
After five years, you can say in your defence that you had done the background check and on the discovery of the falsification of the documents, the employee was told to put in his papers. The employee accepted his misconduct and he submitted his resignation. Hence we closed the matter.
On discovery of the falsification of the documents, you had taken strict disciplinary action. This speaks in itself where you stand.
Thanks,
Dinesh Divekar
23rd April 2019 From India, Bangalore
#Anonymous
@Dinesh Divekar
Thanks a lot friend for your kindness and taking time to answer our query.
That employee brought in a spy camera (attached to his t-shirt button) on his resignation day.
Our HR(who already knows that he had submitted fabricated documents) helped him in writing resignation letter ( becoz she was excited that our company is going to get payment (2000 SGP dollars as per bond) and he had it recorded using his cam.
He's claiming that if "our consultancy is aware of misrepresentation why would a HR help him in writing a resignation letter instead of terminating him instantly ? "
We got to know about this spycamera through one of our employee who is a mutual friend of that bad employee.
We would certainly close this case and forget everything.The reason why we are much concerned is because of his spy cam recordings.
Any suggestion to counter attack this issue ?
23rd April 2019 From Singapore, Singapore
Dear friend,
You are adding new twist whenever you write your post. Now the latest twist is about this spy camera!
However, we need to know what kind of recording he has done and unless we check the video footage, no further suggestions can be given!
If he were to use the video footage against the company, he would have used by now. Why was he lying dormant all along? Why this "mutual" friend has raked up the case now? Does he have any vested interest in doing this?
Thanks,
Dinesh Divekar
23rd April 2019 From India, Bangalore
#Anonymous
@Dinesh Divekar
So in this case , as our HR and employees helped him in writing resignation letter we have to accept that our HR and employees aren't aware of this misrepresentation to counter attack and to defend ourselves and make it look like our employees arent aware of this fabrication and thats why they helped him.
Moreover if we accept that no background check was done and our HR and employees arent aware of misrepresentation till he resigned out of the company ,
I guess , our company is accountable for legal action as we didnt do a background check before deploying him to the client. And court would certainly ask whats the point in doing a background check after the employee left the company and its been more than 5 years !
Additionally he sent us a clip of video that proves that "we are aware of misrepresentation" . So we gotta accept that we are aware of it , if we accept it , our HR and employees had intentionally helped him in writing a resignation letter. We got stuck !
Please suggest a counter idea for this.
23rd April 2019 From Singapore, Singapore
#Anonymous
No friend , this is a long issue. As you are asking us for some information and providing solutions we are spilling everything what exactly had happened on that day , and possible outcomes of this case. We wanted to state facts so that people would help us to win this case (if filed , or blackmailed by him)
23rd April 2019 From Singapore, Singapore
#Anonymous
Delete this thread please.Waited enough for answers.
27th April 2019 From Singapore, Singapore
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