Dinesh Divekar
Business Mentor, Consultant And Trainer
[email protected]
Retired Government Servant/advocate
Nathrao
Insolvency N Gst Professional

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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 ?
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.
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

From India, Bangalore

@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 !

From Singapore, Singapore

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 !

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.

From India, Kochi

@Pvenu Please read my update ! I’ve mentioned that he wasnt terminated and resigned from our company.
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

From India, Bangalore

@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 ?

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

From India, Bangalore

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