How Should I Handle Terminating an Employee for Issuing Fake Experience Certificates?

Hi, I am working as an HR. I have come across an employee who is providing fake experience certificates of our company to other people and charging them for it. Now, I am planning to terminate him on the grounds of fake experience. Can anyone please help in writing a termination letter addressing this issue? It's very urgent.

The grounds on which you wish to terminate him will be criminal—not just rules-related or 'fake experience' related, as you mentioned. Based on what you mentioned, he didn't get the job in your company using fake experience certificates (which is what will attract action on the grounds you mentioned)—he was indulging in acts of criminal breach of trust, misusing the office facilities and his position against the general norms/rules of any company. In fact, you wouldn't be wrong even if you lodged a police complaint, assuming you have all the proofs/evidence in hand.

Regards,
TS

This is a serious misconduct and violation of the code of conduct. If an employee has no express authority, then he/she cannot issue an experience certificate on behalf of the company. You may suspend immediately and initiate disciplinary proceedings against him. Hope this may help you.

Dear Sir/Madam, you did not provide the employment status of the individual who is issuing fake experience certificates to others for monetary gain. Every organization should have established standing orders or service rules that outline various acts deemed as misconduct. Providing counterfeit service certificates and tarnishing the organization's reputation constitutes misconduct, and individuals engaging in such actions are subject to disciplinary measures.

Challenges in Terminating an Employee for Misconduct

One challenge lies in terminating the services of an employee involved in the aforementioned misconduct. If the employee holds a trainee or probationary status, they can be discharged by applying the relevant clause from their appointment order. However, if the employee is a confirmed staff member, the process involves issuing a charge sheet, seeking their explanation, conducting an inquiry if unsatisfied with their response, issuing a final show-cause notice, and eventually proceeding with a termination order.

It would be advisable to seek guidance from a senior colleague on Cite HR to proceed accordingly.

Regards,
NVRao Naidupeta, AP

Thank you very much for your replies. He is still under the probation period. He is a software engineer. I want to send him the termination letter first and then call him for an explanation. Can you please help me with how to write it?

Format for Termination Order

To Mr/Ms............ Desig............ E.Code

Dear Mr............... It has come to our attention that you have been issuing fake experience certificates to outsiders in exchange for illegal gratification. We have received several such certificates issued by you from employers for verification or reference checks. Please provide details of the fake experience certificates and the names of the candidates for whom they were issued.

Upon review, it has been determined that you issued these certificates without proper authorization to outsiders for illicit gain, constituting misconduct under rule no........... of the organization's service rules. This action is subject to severe consequences. Your issuance of fake experience certificates and deception of the organization not only violates service rules but also warrants potential criminal action under Cr PC in a court of law.

Given the above, it is untenable for us to retain an employee who engages in dishonest practices and shows criminal intent towards the organization. Consequently, we have decided to terminate your employment with immediate effect as a probationer in our organization, in accordance with the relevant clause/appointment order/service rule. You will receive one month's notice pay as per the notice period requirement. Kindly return any company property, including ID cards and Bus Boarding passes, to the HR Department within 24 hours of receiving this notice. The Accounts Department has been instructed to settle any outstanding amounts due to you promptly.

Authorized Signatory

Cc to Concerned department head Personal file Time Office Security