Employee Left Without Notice: Can We Take Action Against Absconding?

Hi Folks,

Need to discuss an issues with you all, We are a Jaipur based IT company, recently one guy join us 1.5 month before he is from NIT college pass out, not coming office from last one week when we asked his colleagues .... they told that his father was not well left for his home town.
Without informing HR or his Team lead … we tried to reach him on phone, but no response, called his dad…. get to know that he joined Some company in Mumbai (We know the company name)
Suggest us can company take any action against him or does it make any sense??
This is simply a case of absconding ….. set a wrong e.g among employees.
Thanks,
Shilpa

Within one and a half months of working, he has left. That means he is not satisfied with the job or the lower paycheck. Why would you want to pursue a man who is not interested? Leave him.

Shilpa,

My reply may not answer your question, but it airs my frustration (as a consultant and a potential jobseeker). This was a major challenge back in the mid-/late-90s when there was a flood of Indian H1B workers (especially from India) into the US. One of the most difficult questions I had to answer (being an Indian) was - "Many Indian workers join one company and within a couple of months, disappear because they found another job that paid them a few dollars more. Our work and business suffer, and we lose the time they spent in our company. How can you assure me that you would not do that to us?". Is it racial profiling? Of course, it is. But I believe we fed that due to our actions. People are quick to blame an entire race for the fault of a few (9-11 aftermath in NYC is the best example of this). I don't just blame the H1B workforce. I used to receive numerous phone calls from IT recruiters asking me to join them, saying, "how much is your company paying you? I will pay you more." That's how low the opinion was - that one would sell one's soul for a few dollars more.

Although my motivation has always been the work I do and not the money I am paid, it is the sad truth that there are indeed some bad apples in the basket for whom money is the ONLY motivation - even if that is just a few dollars more. These people lack personal integrity, professional ethics, and moral values. As such, the rest must take a hit. I don't face that question anymore - I built my own reputation and trust. Also, such "bad" apples no longer flood the US job market because the companies are no longer as desperate as they used to be in the 90s due to the changed Demand & Supply dynamics.

While my thinking is that you would find such people every so often, the question you need to ask yourself is, what is better in the long run? Is it better to explore legal options to the full extent now and instill fear in other employees to not follow this one bad employee's example? Or should you focus on better employee hiring and retention processes? Potential candidate interviews at companies like Microsoft focus on finding reasons to NOT hire a candidate rather than why they should hire them (process of elimination rather than selection). This helps weed out such bad apples.

As far as setting an example for the fellow employees, it has been long proven that fear will not stop people from acting on their natural instincts. Rather, it will encourage deceit, discreetness, and "absconding." Encourage them to be truthful and don't hold their honesty against them. For example, if an employee walks up to you and says, "Boss, I want to resign from my job here, as I want to move on to a better position at a different company," treat them with respect and understanding, lay out a reasonable transition plan (lasting no more than two weeks), find another internal (interim) employee(s) who can pick up his/her work, and at the end of two weeks, let them go. Better yet, ask them to lay out a transition plan and timeframe. Your focus must be to get them out of the company as quickly and as smoothly as possible. If you can do that, you would minimize these "sudden death" employees. Remember, NO EMPLOYEE IS INDISPENSABLE. By making it absolutely impossible for them to leave (I read in another post that some company asked the member for a 3-month notice period!), gives even the good and ethical ones no option but to leave suddenly.

Therefore, following are my recommendations:

1. Create a strong interview process to weed out the bad apples
2. Create employee-friendly HR policies for not just hiring but also separation
3. Create a comfort feeling in the employees that they are not bonded labor to the company and are free to leave if they choose to. If you make it easy for them to leave, you will be surprised to see that they will choose to stay.

In the US, the culture in the private sector is "At Will Employment." An employment may be terminated either by the employee or the employer at any time for any reason or no reason, with or without notice.

Ending note: I haven't been in the Indian job market in a very long time. My comments/suggestions above are based on the employee/employer relations as they were in the IT sector in the early 90s. If this has changed and the culture now is "At-will employment," please excuse my ignorance and lack of information about the current job market.

Thanks and best regards,
--Som G

Hi Folks,

Need to discuss an issue with you all. We are a Jaipur-based IT company. Recently, one guy joined us 1.5 months ago; he is a pass out from NIT college. He has not been coming to the office for the past week. When we asked his colleagues, they told us that his father was not well, so he left for his hometown.

Without informing HR or his Team lead, we tried to reach him on the phone, but received no response. We called his dad and found out that he joined a company in Mumbai (We know the company name).

Can the company take any action against him, or does it make any sense? This is simply a case of absconding, setting a wrong example among employees.

Thanks,
Shilpa

Dear Shilpa,

Whether dissatisfied with the job or having received a better offer, employees do not intend to continue with you. What's the point of taking any action against someone who has already shifted their loyalty?

Yes, you should take action if any company property is still in their possession; otherwise, facilitate their smooth exit. In terms of setting a wrong example for the future, you should create an environment where, if any such employee comes to you and confides about their exit plan, you will respect their decision and grant full discretion.

Do not take vengence for leaving your company.
Live and let others live..........should be your principle
people will move to another jobs wherever they are comfortable you just cannot punish each employee for this cases its waste of time and energy as well as money. There is no legal recourse in this case even if there is some partial possibility finding him guilty of breach of contract punishment will be very very minor and your efforts to bring him to justice will endup in mess and hell lot of things of chasing courts, lawyers, sending notices, replying counter notices will be futil efforts with kind of justice delivered will be maximum one months notice pay to your company....
partho

A previous employer check in all kinds of HR interviews may help to address such 'cutting the tail and going' attitude. On the other hand, if the employee wants to quit the job, the employer should release him, provided his dues are cleared. If the employer feels that the employee is an asset to the company, then address the employee's needs for which he is moving to another company, at least to a certain extent.

Regards, Vinish Kumar Cochin Mob: 09995802091

Our Members have given good suggestions above.
However - I am tempted to assume that you do not belong to the HR department (as you mentioned - without informing the HR or team lead)
So now, simply drop a message to the team lead stating that you came to know this information through some outside sources (maybe you could say a friend in that same company said that this candidate has joined there...)
This would help in removing his name from the payroll.
Its a bad example - maybe he joined because he did not want to be idle and was waiting for the offer from a new company.
First go through the team lead, then seek team lead's direction to approach HR.

Dear Shilpa,

As a corporate entity, an employee leaving without any notice creates a lot of problems and disturbs the work atmosphere, creating an additional work burden upon his co-employees. So, I would state that in case you really want to fix this absconding employee, you can send a legal notice to him, with a copy to his new employers, for "specific performance of contract."

Secondly, the appointment letter must specify the termination clause and the notice pay clause. Just to create a deterrent for the other employees, you can put a legal notice for the recovery of notice pay along with damages.

If the employee is absconding with company property or assets, file a FIR with the local police station.

But one thing I can say is that if an employee leaves his job, then do not try to bring him back by force, as he would become an unnecessary liability upon the company and a burden upon his team. Just threaten him, and see. If he pays, then good.

Dear Ravi,

Please read what the thread starter has quoted. It says "Without informing the HR or Team lead ...we decided to investigate..." So this person is not an HR or even the team lead? Just another colleague? That is how I interpreted the message.

(PS: I don't know if my messages are getting confusing every day, but I do know that my mind is growing each day. Don't get stuck in one place - in that case, you only grow old, but the mind never grows. This must explain why you are confused or not able to understand what I meant. If you have still not understood, go back to rule no 1: Let your mind grow!)

Shilpa,

Thank you for the smiley in your post. I was under the impression that you are like one of those unsmiling, stern "bounty hunters" - some tough professionals in the US who go after and catch criminals who jump bail. I knew you were in HR when you wrote - "did not inform HR...", because you obviously could not have written "he did not inform 'me'". Secondly, line authorities are generally too busy with the company's tasks and targets to go after an employee.

Coming to your problem/dilemma:

These days, when top IT companies like Wipro, HCL, etc., are firing people due to the recession, why are you adamant to catch a fresh graduate with only a month's employment? I am sure you haven't invested much in him by way of training. When companies can throw away employees at will, what is the harm if the young guy prefers to look for greener pastures elsewhere? Please do not make it a prestige issue and start looking for his replacement, (as others have rightly pointed out).

Regards.

Hi Shilpa,

Have you sent any notice to his address as recorded with you? If not, send a notice through registered mail with acknowledgment due to his address, stating that he is on unauthorized absence from his place of work and should report for duty with a reasonable explanation. I am sure he will not reply. After a few days, send him a second notice asking him why he is absconding from his duty without any valid and reasonable reason and why his service should not be terminated.

I agree with Ashis; you should not reinstate him.

If he is not a workman as per your Certified Standing Order, you can terminate his service in the third notice.

Regards,
Tusher

It's depends up on employment contract, pls note and consider probation period. Even if probation period he has to inform his superior as well management.
I don't think so; you can take any action such a case.
Also pls consider sr advice..
Nenju

Hi Shilpa,

As an employer, you have the following rights:

1) Issue him a formal "show cause" notice to explain the reasons for long absenteeism.

2) You may mention in the notice that his employment has been terminated on account of long uninformed absenteeism and unprofessional behavior.

3) You can hold his salary and ask him to compensate you for losses (if the same is mentioned in the appointment letter).

4) If he is holding any company assets, you may ask him to return the same in a stipulated time or seek legal remedies.

5) You may also blacklist him in your organization (but it will be a very hard step).

There is no point in asking him to join you back. He has shown his unwillingness to work with you.

The above is something that everyone will suggest to you, as did I, but as a manager or an HR person, you need to understand the reason for leaving the organization in such a short span. It is often said that people do not leave organizations; they leave bosses. So, you need to find out if this is true in this case or not. As a manager or HR professional, your focus should always be to build healthy employer-employee and peer-subordinate relations. He may have left for any reason, but one thing is sure: he has left with many questions, and you have to find the answers for all of this.

Hi Shilpa,

If that's the case, try reaching out to this employee in person. I am sure he must have signed the appointment letter with the acceptance of resignation formalities.

Many do this here, especially freshers. No matter in one person having the chance to choose from 3 to 4 offers. But once they choose they need to stick.

You could try these:

a) From next time, orient the freshers really well (we think they will understand...but no - ORIENT them on the consequences of quitting without informing).

b) They can be given ample time to decide to say yes / no to the offer, and their parents should also be kept constantly informed about the "necessity" for being true while accepting the offer.

c) In my previous company, we used to hire 20 freshers every year in the Mech Design & Engineering field. Not because of the high demand, but because we know that only 10 will be able to survive...the rest will all fall into the category like the NIT student - leave for a better offer (better money rather!).

We have stopped making a deal out of it.

I agree with Saurabh. Such an employee would serve no purpose even if he is caught and forced to continue. It's better to send a notice, intimate in writing with a copy in daily newspapers, with a deadline. After a certain time or date, the services would be deemed as terminated. A legal notice or FIR would be required if some official documents/property lie with the employee.

Shilpa,

Forget him if it is an isolated case. However, if it is happening often, then you need to introspect and rework your policies and procedures.

Shilpa,

I agree with Tusher Majumdar & Saurabh Goyal because you need to strike the employee's name from the payroll. For that, you need to terminate him, and also sending a notice will help you in the recovery of the notice period if any.

Sending a termination notice first and then an F&F notice will send a message to all employees that the company is strict in executing its policies. As this person has taken your company's policies for granted, once he is terminated and asked to settle F&F, the remaining employees will at least learn a lesson not to repeat this mistake in the future with other companies.

It might be that in the past, other employees must have left your company in the same manner, which may have prompted him to do the same. By sending a notice and terminating him, you can show that the company stands firm on its policies, and others will learn their lesson from this episode.

There might be other reasons, so once you send him the first notice, some of his friends (within the company) will try to get in touch with you to know about the matter. Ask them to inform him to get in touch with you for just an informal talk, through which you can find out the exact reasons.

RGDS

SNB

I am surprised that most of the replies posted are favoring the employee who has left without any notice. The epicenter of the discussion should be whether to take action or not against the employee as the Company is the ultimate sufferer. In this case (IT company), a person might have been appointed and assigned for a project with a team. Suddenly, if he absconds, the particular project will get affected resulting in a serious loss to the company, such as inviting the wrath of the customer, forcing other members to do extra work, etc.

Further, it is practically not possible (Ash's view) to recruit 20 personnel for the requirement of 10 resulting in higher costs (as companies need to be competitive, that too, at recession times).

While we should not/cannot stop anybody from switching sides, but, at the same time, we should not encourage employees leaving the company abruptly and a deterrent should be evolved.

To begin with, a notice may be sent to the employee as to why he should not be dismissed from service, and a copy can be displayed at the Notice Board, so that a strong message can be sent down the line.

Further, trainees/apprentices can be taken on a regular basis so that they can immediately be fitted into the role, so that the cost will be minimized.

Please continue your suggestions on this line so that the HR community as well as companies would also benefit.

Dear Ramnag,

Practicality was the basis on which I poured my views. Yes, we have higher costs, but not at the cost of not having anyone. For the last 15 years, they have enough statistics to prove why the freshers will not stay. We have a 6-month probation period, during which the non-performer is asked to leave, and even fresher are eligible to leave. Freshers have a bond too, which comes more into action after the probation period.

"I am surprised that most of the replies posted are favoring the employee who has left without any notice. The epicenter of the discussion should be whether to take action or not against the employee as the company is the ultimate sufferer. In this case (IT company), a person might have been appointed and assigned for a project with a team. Suddenly, if he absconds, the particular project will get affected resulting in a serious loss to the company, such as inviting the wrath of the customer, forcing other members to do extra work, etc.

Further, it is practically not possible (Ash's view) to recruit 20 personnel for the requirement of 10, resulting in higher costs (as companies need to be competitive, that too, at recession times). While we should not/cannot stop anybody from switching sides, at the same time, we should not encourage employees leaving the company abruptly, and a deterrent should be evolved. To begin with, a notice may be sent to the employee as to why he should not be dismissed from service, and a copy can be displayed at the Notice Board so that a strong message can be sent down the line. Further, trainees/apprentices can be taken on a regular basis so that they can immediately be fitted into the role, reducing costs. Please continue your suggestions on this line so that the HR community, as well as companies, would also benefit."

I hope this helps. Let me know if you need further assistance.

Dear Ram,

Most of us are saying the same thing that you have suggested, so how come we have become distracted from the point of discussion? Almost everyone in the discussion has recommended sending a notice or terminating employment, etc. Do you think it is reasonable to pursue or chase an employee who does not want to work?

--SG

I think that now that the employee has left the company, there is no point in wasting more time and money by pursuing legal action against them.

I was working in a company since March 2012 and left the company in January 2013 without any notice period. I have spoken and sent a resignation letter to my manager. Now they are marking me as absconding. What should I do?

Regards

You would have received a better response if you had created a new discussion thread. You have posted your query against a discussion thread that is from 2009. I suggest you create a new thread. Meanwhile, to share my inputs: Did you send your resignation before leaving or after leaving, and within how much time of leaving?

If you left the organization without resigning or informing anyone, then the company is following the correct process by considering you an absconding employee. I suggest you meet with the HR of the company, submit the resignation, obtain all clearances, experience/relieving letters, etc. If required, you can also pay the notice period amount.

- Gia