Dealing with a Resigned Employee Who Absconded: Can We Take Legal Action?

Hi all,

I am having a problem handling a cranky senior employee who joined in June 2008. The employee has resigned after absconding from the project and does not want to serve the notice period. He absconded in mid-November 2008, and after contact with him, he said he would be back. However, after a week, he emailed his resignation.

Issues to address:
1. Have taken a salary advance which is still to be recovered.
2. Does not want to serve the notice period.
3. Deleted all the business and project-related data and email files from the laptop before returning.
4. Misused the company's cell for personal use with huge bills of 2-3k per month.

Currently, he is not responding to calls and emails. We have sent a notice to his permanent address. Can we take legal action, or is there any other way the company can suggest?

Regards,
Vinod

These are some common problems we, the HR personnel, face. Having left the establishment, you have no option to recover a salary advance. You can send notices calling on him to appear before the MD and asking him to pay the amount received in advance. If he does not turn up, you have to close the file after terminating him. Paying salary advance, recovering the same, and restricting mobile bills are purely matters of the company. Therefore, even if you go legally, I do not think that any positive result will emerge.

As an HR person, you can 'start' sending notices asking to face disciplinary action and communicating the date of the inquiry.

Regards,
Madhu.T.K

Hi All,

Having a problem handling a cranky senior employee (Joined in June 2008). The employee has resigned after absconding from the project and doesn't want to serve the notice period. He absconded in mid-November 2008, and after contact with him, he said he would be back. However, after a week, he emails his resignation.

1. Have taken a salary advance that is still to be recovered.
2. Doesn't want to serve the notice period.
3. Deleted all the business and project-related data and the mail files from the laptop before returning.
4. Have misused the company's cell for his personal use with huge bills of 2-3k per month.

Presently, he is not responding to calls and emails, to which we have sent a notice to his permanent address. Can we take legal action or any other way the company can suggest?

Regards,
Vinod

Mr. Vinod,

Check your terms of employment. Is there any specific condition about the use of official information? Based on your terms of appointment, you can initiate legal action. Don't accept the resignation and initiate disciplinary action as per the address available on records. If he is not responding, have an ex-parte enquiry and complete the process as advised by the enquiring authority to avoid future claims.

Regards,
Murugavel.B
Chennai

Hi Vinoth,

In your case, you can send a legal notice to him to repay the salary advance within one week. If he is not replying to your first letter, send the second notice. Otherwise, you can hold the PF Form from your end.

Warmest Regards,
Mohan M. S.

Dear All,

Regarding salary advances, if an employee resigns after receiving their salary on the 7th or 10th, as the case may be, the HR Department is not able to recover it. However, in the case of a loan, we can take PDC cheques as security. If a cheque bounces in this scenario, legal action can be pursued.

In the matter of telephone usage, legal notices can be sent for any misuse of company property.

Dabas

Dear Vinod,

Why did you accept the resignation letter? Please respond to his emails stating that his resignation letter has not been accepted. He continues to send emails to you. After that, you should send a registered post to his address informing him that his resignation has not been accepted. Also, ensure that you clear all your responsibilities and complete any pending work during the notice period. Proceed with legal action if necessary to enforce the notice period work and recover any dues from his notice period salary.

"Hi All,

I am facing a problem dealing with a difficult senior employee who joined in June 2008. The employee resigned after disappearing from the project and refusing to serve the notice period.

He went missing in mid-November 2008, and after being contacted, he mentioned he would return. A week later, he sent his resignation.

1. I have taken a salary advance that is yet to be recovered.
2. He refuses to serve the notice period.
3. He deleted all business and project-related data and email files from the laptop before returning.
4. He misused the company's cell phone for personal use, incurring huge bills of 2-3k per month.

Currently, he is not responding to calls and emails. We have sent a notice to his permanent address. Can we take legal action, or does the team have any other suggestions?

Regards,
Vinod"