I work in a small company as HR. Company had appointed EVP sales & Corporate Affairs. But due to mismanagement and misappropriation company had held him responsible for many financial issues. Company had incurred huge operational losses for decisions taken by him. Now without giving notice period said person had joined another company. However company had not issued any formal appointment letter to him.
Now in this circumstances company wants to write letter to the new company wherein it had joined. Letter should mention descriptions of misappropriation of money done by him
Kindly advice on the contents to be written to the new company where he had joined. This will be intimation to the company that they have not recruited right person without verifying past details.
From India, Pune
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Labour Laws & Ir.
For such senior levels like EVP how come Appointment order is not issued ?
In the absence of appointment order how you can blame that notice period is not served by him. Whether anything discussed with that EVP about separation clause ?
Any way you may write a letter that he left your company without any information and had joined there which amounts to dual employment. Just refer the below template. You need to edit as per your requirement
(Mention the company name where he joined with address here)
Dear Sir /Madam,
We were given to understand through reliable sources that Mr._______had joined your Company on_____. We would like to bring to your kind attention that Mr._____ was hired by us as EVP and he worked with us from____ to______ and left the Organization without any information. Also during his tenure with us due his mismanagement our company has incurred operational losses. While we were in the process of reconciliating the total loss he had left us without any information and had joined your organization which amounts to dual employment.
We are writing this letter to caution you that he is not a credible candidate. We planning to initiate disciplinary action against him and we request you look into this matter very seriously.
You may contact the undersigned for further details.
Please ensure you have sufficient and proper material evidence against him else he might sue your organization defaming his name in the society.
From India, Madras
Why you had hold his appointment letter do you have any right to hold Appointment letter?? If there is no appointment letter or offer letter, then employment are deemed to be temporary in eyes of labour Law. How you will justify?? if you will take any action be ready for re-action.
Dinesh DivekarDear Pundalik,
On discovery of the misappropriation of funds by the senior employee, did you order the domestic enquiry? If yes, then was the enquiry conducted as per the procedure and was the accused given a chance to defend his case? If yes, then has the blameworthiness been clearly established?
If the domestic enquiry is not conducted, then yours are just allegations against the employee. What are you trying to achieve by communicating your allegations?
If your company did not issue even the appointment letter while hiring a senior employee, then inadvertently you have brought out a disorganised way of working in your company. If your company does not have qualms about making someone work without issuing an appointment letter, then why anyone should take your allegations at face value? In the legal context, the appointment letter may be a contract between an employer and employee, from the general context, it is also a commitment from the employer. However, in the case at hand, there is a letdown by the employer. When the employee left at his will, suddenly the employer remembered the ethical conduct!
If you have not issued a letter of appointment, then what notice period you are talking about? Do you wish the employees to obey the verbal orders the way members of a crime syndicate obey the orders of their boss?
Lastly, about taking up employment by a senior employee. By hiring him, the new company has taken a risk. However, whom to appoint is their personal call. It is nobody's business to teach someone what recruitment practices they should have followed.
Yes, they should have done a reference check from your company. However, they have not done so. Secondly, they have hired someone even though the candidate could not provide them with an appointment letter or relieving letter. It appears that this company's administration style is no different from yours! Therefore, what is the point of complaining to someone who is the bird of your feather?
You have not understood that you are dealing with a shrewd or even a wily person. Those who engage in shady deals know how to do a cover-up. While taking up employment, this tainted person might have painted a very negative picture of your company. He might have prepared the sufficient ground so that complaints from your company make no difference to the administration of a new company. Therefore, letters from your company, whether poorly drafted or otherwise, will they make any difference?
The lesson to be learnt from the incident is to know how to run a formal organisation. Every action or decision must fall within the purview of the law. The record management procedure is strong. The duties and responsibilities are well defined and the limits of accountability are well defined. Organised companies have adequate checks and balances to avoid fraud. Even if the fraud takes place, based on the incontrovertible evidence at hand, they file a police complaint and do not come crying on the public forum.
From India, Bangalore