How Should We Handle an Employee's Suicide Threat After Misconduct Discovery?

One of the senior sales employees in our organization was found cheating by forging his expense statement. When confronted, he refused bluntly even after evidence was produced to that effect. Subsequently, when we informed him that we could not allow him to continue working, he threatened to commit suicide.

We allowed him time to calm down and spoke to him after 3-4 days. However, he continued to insist that if we dismissed him, his life would be ruined, and he would have no other option but to commit suicide. We have written a letter to the local police station and the police station in his place of residence. Currently, we have suspended him, which he has accepted. He is a probationary employee who joined just 2 months ago, and the misconduct (forgery) was discovered in the expense statement of his first month.

We intend to terminate him as per the appointment letter, which stipulates that any employee under probation can be terminated without assigning a reason. We are concerned about his life and the impact on his family. If he leaves a suicide note blaming us, it could lead to legal trouble. We also do not want to keep him suspended for an extended period as it could hinder his ability to find another job, which is a costly proposition.

Hi everybody, I am a new joiner in this family. I understand this is a challenging situation, and I believe some of you may have encountered something similar in your lives. If you have, please share your insights. If not, please suggest the best course of action that comes to your mind. Thank you for taking the time to read this discussion thread, and I hope it proves to be a learning opportunity for all of us.

Best regards,
Roopesh

He is trying emotional blackmail. Sack him and let him get on with it! - He won't, BTW.

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Dear Roopesh,

This is, in fact, a very difficult situation. Such emotional blackmailing should be handled without any negligence. You have done a good thing by informing the police of his attitude. You can also call him for counseling and suggest an alternative to termination by accepting his resignation. However, do not reinstate him since he is a fraud.

Regards,
Madhu.T.K

Hello,

The problem is NOT difficult. It is simply tricky!

Having formally informed the concerned Police Stations, you have covered yourself well. Now what you need to do is:

1. With the assistance (involvement, actually if possible) of Police and/or his family-particularly the wife, also some close friends/relative, conduct a formal meeting explaining why he can no longer continue to be employed by the company (with documents like his Appraisal Reports, documents/facts showing his continued poor performance, and the opportunities already given to him to improve).

2. During the meeting, encourage discussion on ways to part ways. I am not saying that you should give him a golden handshake or something.

3. Give him time to relocate, say six months after which his employment with this company will stand automatically terminated. During this period, he may be exempted from work and attendance, but he should be paid his normal salary and benefits.

4. Engage his services contractually where he will be paid on the basis of concrete, measurable performance only. The initial contract will be renewable by mutual consent.

5. Create Minutes of the Meeting and ensure that all participating parties sign this document. Give him a copy of this document also and get the receipt acknowledged.

You cannot be more fair than this. If all this does not work out, record the efforts undertaken to rehabilitate him and TERMINATE his employment forthwith. If for the fear of possible legalities you avoid doing this you will have to learn painfully the hazards of occupation.

If I sound harsh, kindly note that I am first attempting to rehabilitate him and only thereafter I am responding to adamance in equal measure.

Need more inputs, post them. Let all benefit!

Regards,
Samvedan
June 30, 2008

Hi Roopesh,

Like Samvedan said, the situation is tricky. The question here is, do you let someone like him continue with the organization? Sam, correct me if I'm wrong... Does the organization hold the responsibility to rehabilitate the person? In this situation, he is purely trying to take advantage of the situation and people around.

If he is up to these kinds of tricks (Forgery) in the very first month of his employment, that means things like this are not new to him. The best thing is to try to check with his previous employer if there were any such cases reported about him during his tenure with them and also in general about his character, conduct, etc. Also, try to find out from his family if the financial situation is so bad that he is resorting to petty things to get additional money. This should give you insight into the kind of person he is and whether you should give any weightage to his threats at all.

I do not think a person who is not hesitant to carry out illegal things would end his life just for being terminated. Like the saying goes, "barking dogs seldom bite." I see this as a similar case.

Regards,
Roopa

Hi Ravi,

I have always seen your answers, most of them are of course correct. I mean they give HR something to think about in other dimensions. At times, I feel that you are not an HR person; you are working on something else but interested to know what the activities of HR are. Hmm, I don't know whether I am right or wrong, but it's my analysis of you after reading your very few answers in very few posts. I hope you can clear my doubt.

Regards,
Sadhana

Hi Peer Mohammed,

I agree with you. Well, we have to be firm. If we start giving in to emotional blackmailing, then no organization can survive. That person is not associated with the company for a long time; hence, searching for another job is not difficult for him. Don't believe him and tell him that you are not responsible for his faults; he has invited trouble upon himself. Ask him to write a letter stating that you have removed him from services because of forgery. What he does later is not your headache. No one dies for such small things. You are also emotional, dear; that's why he is blackmailing you. Else, if I were in your position, he would have left the job and never returned. So, don't get emotional. Do things with your head in HR, never with your heart.

Regards,
Sadhana

Dear Roopesh,

This is an act of blackmailing. There is no better solution than sacking him as such people will never benefit the organization. The moment you panic, it's an advantage for him. My suggestion is to inform the police in a written format and sack him. Usually, such cowards don't commit suicide.

Regards,
Jesu

Hi Roopesh, Do not even listen to this person. Being a senior person in the sales team he should know his responsibilities. Even if you take him on contract, what is the guarantee that he will not do the same again? Allowing him to continue will also set a bad example for others and you will finally end up in running a rehabilitation centre. So, just sack him with intimation to police, family clearly stating the reason for your action. If required give a legal announcement stating “ his employment stands cancelled due the act of ……..”. regards,

Hi there,

Although I am currently working with a recruitment company, I have a potential solution in mind. I hope it works. Even if you don't like it, please provide feedback on it.

Simply inform the individual that they need to secure a job within 15 days, then submit their resignation letter. During this period, they can also search for another job. However, following this, the company will be compelled to issue a termination letter, leaving the individual in a precarious position. You must be firm and diplomatic in your approach. By doing so, the decision will rest with them, leaving them with no choice but to resign.

Best regards,
Shilpi Jain

P.S. To other members, please give me your feedback as you may have more experience and could find this approach amateurish.

Hi Roopesh,

As mentioned by Sree and Jiya, please don't be emotional and make a decision that is in the best interest of the company. Regarding the suicide threat, it appears that the person may have used this tactic elsewhere as well. Rest assured, you have fulfilled your responsibility by informing the police about it.

I would also suggest keeping his family informed about the situation.

Swati

Cool, yaar. I appreciate your decision of filing an FIR at the police station; it's the best procedure. Now, give him some chances. If he repeats it again, then sack him immediately.

Hi,

What a difficult situation! I think you are going in the right direction by complaining to the nearest police station. Inform his family members about the plight you are in and what made you take this decision of terminating him. I don't think he should continue working with your company. I haven't come across a situation like this, and it was a great learning opportunity. Thank you for your post. Do let us know the later developments on this issue.

Asha

Hi, I suggest you terminate his services immediately and send a copy to his home because he is now under suspension. You had informed about his blackmailing at the police station limits, so there is no need to be scared of him. But we should not allow such people to work in a company even if we know about him. Face boldly whatever the consequences may be.

Regards,
Kirubakaran.

I think you should consult a lawyer and then decide what needs to be done. If you let this thing happen once, even others would do the same and would use the same weapon to blackmail the Employer. It is good that you have already informed the police about this thing. But it might be his family pressure which he wants to shift the blame to you people (company), you never know the actual reason for his this kind of statement.

I think letting his family members (parents, wife) know about the situation is very important. Professionally, you are doing your part. On a personal front, they will handle it.

Hi,

Don't mix emotions in your professional life. Let him be aware of the reality, and you can escalate the issue to higher-ups in your organization. With every consultation, you can consider taking legal action and even involve the police.

Hey Buddy,

Don't worry, just dismiss him immediately or within a period of 15 days as per your company policy. Did you check his previous history? Please try to check that as well. You should:

1) Have enough evidence to show,
2) Police complaint records.

That's all; it's just a rare case.

Thanks, bye.
Dilip BK

Dear, he is blackmailing you. Nothing else. You have done your job, no need to worry about that employee.

Dear Roopesh,

If the person was seriously thinking about suicide, he would not be talking about it. However, one can probe into the reason for his actions, and he can be given a written warning for the same.

Regards,
Anika Agarwal

Hi,

It is misconduct, and you cannot sack him without conducting an inquiry even though he is under probation. Now that you have intimated the police, it is on record that if you terminate him, it is for misconduct and not for performance. You cannot use the normal probationary clause here. You mentioned that you have already suspended him. Appoint an external inquiry officer, conduct an inquiry, and get the findings. If forgery is proved, you can sack him. I will not advise counseling in this case. From what you have described, he seems to be a tough nut to crack; I may be wrong. Suicide threats are common, and I have faced this several times when handling forgery, theft, and misappropriation cases. You have informed the police, and that is sufficient. Conduct an inquiry. If proven guilty, sack him.

Siva

Dear Roopesh,

People who want to commit suicide do it. People who threaten to do so are indulging in emotional blackmail. In your case, I feel he was just buying time. He has threatened to commit an illegal act (committing suicide is, by the way, against the law), which should be grounds enough to terminate his employment.

Hope this helps.

Regards,
Tresa

Dear Roopesh,

You have taken a sufficient decision to protect yourself, but I suggest that as a human being, you should visit his family and investigate the case. After that, you should provide counseling for his rehabilitation.

Thanks,
Rajbir Yadav

Hi Roopesh,

We have had a similar situation in our organization. The employee was stealing, and when we found out and asked him to leave, he started threatening that he would commit suicide. The management was not scared as we were very clear on such issues. The termination took place with all the legal support, and one of his close relatives was called to our office and informed about his threat.

We kept the whole issue very confidential, as we felt that the other employees should not be influenced by this behavior and take advantage. The family member was also informed to keep the issue as a secret as we didn't want his family to be affected.

Terminating the employee is the right decision. You have already taken the right steps by informing the police and his family. Handle the situation confidentially, but at the same time, consider this employee as a human being who deserves medical help.

Regards,
Lakshmi

First, you should counsel him along with his family, and at the same time, ask for his resignation. Do not complicate a simple matter as it is not acceptable. This will send a message to everyone.

Nice that you have informed the police, and such kind of employees need to be handled carefully. You can call family members of the employee and explain the situation; then, he may listen to you and abort his decision.

Regards,
Bharath

Dear Roopesh,

When a person commits suicide and writes somebody's name, holding that person responsible, the individual named may be implicated in abetment to commit suicide. However, this accusation remains merely an allegation until proven in a court of law. Despite the prevalence of farmers committing suicide, have you witnessed any money lender, official, or minister being arrested? Therefore, it is essential to establish a relationship in which the accused has created a wrongful threat perception, coercion, or intimidation leading the individual to end their life. The term "wrongful" is crucial in this context.

Hence, it is always recommended to conduct full disciplinary proceedings, such as a domestic inquiry, before terminating an employee. By following this process, you can ensure legal compliance and safeguard yourself. Mere notification to the police station may not suffice for protection. If the company's name is involved, it will have to appear in court. If it is proven that the company terminated the individual without a proper domestic inquiry or coerced the person into resigning, significant legal consequences may arise.

Regards,
Swastik

Dear friend,

He is a professional fraud. As you have informed the police, you should inform his family in writing about the whole incident. Since you have suspended him, not terminated him, you are required to conduct an inquiry before terminating his service. The day you discovered the fraud, you should have terminated his service. Do not delay any further. It is evident that he is just emotionally blackmailing you, and you should not consider all these nonsenses.

Good luck,

Shiv Kumar

Hi Roopesh,

I read your case, and it is really amazing. You can call him for counseling and say that we will not take this matter to the police. It is better if you ask him to search for a new job, as there might be a one-month notice period.

Tell him we are taking a soft corner for your family. Only.

Hi,

First of all, this type of person can't do anything good for the organization in the future. To get rid of him, I appreciate the measures suggested by both Sam and Roopa. Let's start with these measures. The outcome will come automatically, and maybe we will find some new avenues to overcome the situation. Informing the local police, involving family members and close friends, and seeking legal advice are good steps to deal with this type of situation. Every measure from the company's side should be documented. After all, life is precious, especially when other lives are related to that person.

rksarkar

Hi,

In this instance, one probable action is that you could ask him to resign and hence not terminate him. Termination is a lifelong impacting action that will be visible in all records, especially when background screening is done. Tell him that we are not terminating you, ask him to make a graceful exit without the notice period. If this approach doesn't work, then it's time to act tough! You could report this to the Indian Labor Commission first and get their notice. Then, with the help of lawyers and the judiciary, expedite his termination.

Regards,
Kenneth

Hi, I agree with Rupa. You may prepare the evidence and inform the police, others in the office, management, union representatives if any, and his family members too. Also, involve some media people. Those people need not live on this earth like this; there are no legal complications involved for you once you secure evidence. And don't allow people like these to blackmail you. Do remember, always, that those who do emotional blackmailing, once you give them elbow room, they will stab you in the future for sure. At the very least, if you think he is valuable as a human being, hand him over to a psychiatrist. Never get involved in his treatment once his family members are informed! All the best!

Dear Roopesh,

All the ideas given by our members are excellent. As per my suggestion:

1. Provide formal information to the local police station.
2. Pass on the information to their family member - if married, to the wife; if not, to their parents by arranging a formal meeting at your office.
3. In this case, consider your organization's size. If it is a smaller one, you can retain him. Taking a humanitarian approach, a person who makes a mistake and is identified will not likely repeat it and will strive to work trustfully with his boss. On the other hand, if the organization is of a larger size, as Mr. Samvedan mentioned, you will have to handle it in a tricky way. For instance, you may need to subtly embarrass him every day when he comes to the office by discreetly discussing the matter with his colleagues. This could lead him to resign automatically in less than a month.

Regards,
Kumar

Hi members,

I appreciate the way this situation was handled. Why can't we post some incidents like this? I think this will provide good ideas and exposure to the readers and new joiners to understand and act during such cases.

Regards,
Kumar
email: starnand@gmail.com

I just went through all your suggestions. Pardon me for saying I felt as if some brainstorming session is going on for CAT aspirants (yet to do MBA). The only HR answer comes from SWASTIK. Keep it up, buddy.

Dr. Pradeep Mohapatra

Hi Roopesh,

First, speak with him and tell him that this is a situation where we cannot proceed further. Before you do all this, speak with their family members to inform them that he has committed fraud in our company, and that is the reason we are removing him. Involve your higher authority people so that you will not be left out of the loop again.

Another alternative you can consider is connecting the call to the police department while speaking, in parallel with your manager, so they can listen to his voice. With this, I believe your problem can be solved.

One important thing you need to learn in your life is not to take things too seriously. Firstly, understand the problem and think about the solutions so the best results can be achieved.

Wishing you all the best.

Dear Roopesh,

You are facing a situation that any HR department could face in the future. But don't be so sad or tense because this department mostly faces legal situations. Yes, in my opinion, this department is also prepared to face such situations where the company encounters legal trials, and HR professionals handle such situations tactfully.

The person who has committed fraud within the first month of joining cannot be a proper employee of any organization.

Now, the solution is as follows:
1. Immediately file a written complaint with your nearest police station stating that he is threatening suicide if terminated. In the complaint, mention that police action is necessary. It is the duty of the police to investigate cases of fraud and take appropriate action. According to norms, if a person is in police custody and charged, the HR department can suspend him. Upon being proven guilty, termination can be carried out. In the given situation, if the fraudulent person commits suicide, your company will not be held responsible.

2. If you choose not to involve the police, send him a registered legal notice detailing the fraud accusations against him. Conduct an inquiry with him over 2-3 sessions, ensuring that every inquiry detail (questions and answers) is signed by him and the inquiry head. This documentation will serve as proof in court in case of any future mishaps. After the inquiry, if he is found guilty of fraud, send the termination letter via registered post. Be sure to promptly collect the acknowledgment from the post office for future reference.

I hope that individuals like him do not take any drastic actions post-termination as they usually resort to threats.

I trust that the above suggestions will assist you. However, it is advisable to consult with your management before implementing them.

RAJ LUCKNOW

He is trying to emotionally blackmail the management as management is listening to him. When he is newly joined only 2 months back and he is claiming the forged bill, it is not acceptable. Do not show any mercy to him and immediately sack him and say go to hell.

According to me, he is just threatening; he won't commit suicide. We can sack him from the company.

Regards,
Ramya Shankar

Hi Roopesh,

If your company has solid evidence against the said employee, then you don't have to worry too much about his threat. In fact, any threat (whether suicide or harming any other employee in the company) by an employee itself can become the reason for disciplinary action against him/her. In my opinion, you or your company has shown enough compassion to this employee; any more empathy could only harm you or your company.

Regards,
Sudeep

Any company should not be ruthless by sacking people. You have to give him a chance to prove his honesty and take underwriting. I have seen such cases earlier, but we thought, "Our employees are like children; we have to take corrective action, not punitive." One way we call them our family; on the other hand, we don't forgive. Think.

Dear Roopesh,

This is really an interesting topic, as you have mentioned, and a learning one as well. By the way, the best thing you can do is to decide along with your management and counsel him. After that, encourage him to offer his resignation, which will be safer for your company.

It is a difficult case but not an impossible one to handle. Anyways, all the best to you and your company. Please do share the outcome of this once it is resolved, which will certainly be very useful for all our members in the forum.

Regards,
Amith R.