Employee Left Company Without Getting Clearance & Demanding Salary & Certificate

Dear All,

One of my junior employees has been working with the company for over 2 years. In August, she gave one month's notice. However, after sending the notice, she stopped responding to emails and phone calls. She is now requesting an experience certificate by September 30th and salary for the same period. The handover process is still incomplete as she has not been responsive to calls since mid-August 2010. Please advise.

Thanks,

Gittie

Hello Gittie,

First of all, ensure that you put everything on record—including her absence and the incomplete status of the handing-over.

Inform her that the certificates can be given once she completes the necessary formalities, "as per the needs of the role she was in." Please remember to include the last few words to preempt her from deciding that she has handed over everything. Not that she will do it, but why take a chance. In this context, suggest not using phrases like "to the satisfaction of the Company," as that could be misleading in the current situation. Also, ensure that neither you nor anyone from the company takes advantage of her in this situation. It's easy to fall into that trap, to teach her a lesson, so to speak. Just be fair and to the point.

Additionally, ensure you choose someone who will take over from her without leaving any gaps, as that will be crucial in the long run.

Another point that comes to mind is this: Why would someone who worked for 2+ years do such a thing so abruptly? Perhaps something occurred at the operational level that HR is unaware of. I suggest having an informal telecon or face-to-face meeting with her to understand the real reasons. Choose someone who was friendly with her during her time at the company to speak with her. This is not to imply that others might behave as she did; it's just to ensure you leverage this situation to benefit the company in every way.

Regards,

TS

Dear [Recipient's Name],

Please send a letter to her asking her to appear for an exit interview. If not, hold the exit interview over the phone and close the issue. If the handover is not of a sensitive nature, there is no point in holding her F & F and Certificates. Think of the good things she has done for your company.

With Regards,

E-mail: rajanassociates@eth.net
Mobile: 9025792684.

Based on your post, it is unclear whether she has completed the notice period. You have mentioned that she gave one month's notice. Did she fulfill the one month of service after giving her notice? What were the notice period provisions in the offer letter? If she did not complete her notice period, you can ask her to pay a month's salary in lieu of the notice period, as specified in the offer letter. Complete the exit formalities once the payment is received.

If the notice period was not completed and no payment was made in respect of the notice period, send her a letter regarding her unauthorized absence from duties and consider her as an absconding employee. If she responds to you, proceed to complete the exit formalities, including issuing a relieving letter and experience certificate.

Thank you all for the valuable advice. She did not complete the notice period and stopped responding to calls and emails just after sending her notice in mid-August 2010. Now, a few things are still pending with her. The company already paid her till August 2010 as she took an advance.