Employee Absconding with Fraudulent Documents: How Should We Respond to This Situation?

One of our employees is absconding and has left a very important project midway. Later on, we came to know that he has joined another company and has submitted documents with fraudulent signatures on them. How should we take action in such a scenario?

If the information is correct and you know the details of the present employer, then send a letter to the mailing address of your employee with a copy to the new employer. Based on the reply from their end, you can proceed legally.

Regards,
Kamesh

Hi Deepika, Kamesh is right. If you have correct information and details about the absconding employee, you can proceed legally. Before that, you must send the letter to that employee and the current employer too.

Thanks,

Mithlesh Sharma

I want to suggest something a little different on this point. Please issue a letter to him regarding this fraud, then file a complaint against him with the police department. Following that, you can issue him a chargesheet and conduct a domestic inquiry in respect of the charges leveled against him. Ensure you arrange the proof regarding the fraud in support of the charges leveled against him.

If you need any further clarification on this matter, you are most welcome.

Thank you.

Regards

Thank you all for your prompt replies. My confusion as of now is what should be the first letter that I should issue him: an absconding letter, a show cause notice, or a charge sheet. Please help.

First of all, please issue him a letter of absenteeism. Then, after 10 days, issue him another letter referencing your earlier correspondence. Subsequently, send him a third letter referring to your previous two letters. Afterward, wait at least a week before issuing a chargesheet.

Thank you.

You can talk with that employee and then tell him that he has to do a payoff resignation; otherwise, the company will take action against him for fraud.

You can take the following steps against a fraudulent employee:

1. Issue a show-cause notice to their last known address for unauthorized absence, including the discontinuation of the important project.
2. If there is no response, remind them after a gap of about 10-15 days to reply to the show-cause notice.
3. Issue a Charge Sheet.
4. Set up a domestic inquiry by appointing an inquiry authority.
5. If they do not attend the inquiry, issue a notice through 2-3 national newspapers and one local newspaper, if any, to set up the inquiry with the intention to hold the inquiry ex-parte if they do not appear for the hearing.
6. Conduct the inquiry ex-parte, issue orders for their termination, and publish the termination orders through 2-3 national newspapers.

Thank you.

[QUOTE=psdhingra;1704262]

Dear Deepika,

As a legal and procedural point of view, you are exact. But will this serve the ultimate purpose of Deepika? In my opinion, she should refer to the appointment letter clauses and initiate a legal notice to the employee, and then proceed as suggested.

Letter of Absenteeism (3) - First step

Show cause cum charge sheet - Second step

Ex-parte enquiry - Third step

Legal Notice - Fourth Step

Sue for damages in the appropriate court - Fifth Step

Deepika, first check with your management what they exactly want as the result. Are they looking to recover damages from him, re-employ him, or just punish him? Please confirm, as this is a question of one's life and career.

If I am wrong, please advise.

Regards,
Mangesh Wakodkar

Legal action should be taken against the employee who is erring and not against the person who wants to bring it to light for the management. I strongly disagree with the member above who has notified that they will take action for fraud.

Dear Deepika, as a legal and procedural standpoint, you are correct, but will this serve the ultimate purpose of Deepika? In my opinion, she should refer to the appointment letter clauses and initiate a legal notice to the employee and then proceed as suggested.

Steps for Addressing Absenteeism and Fraud

Letter of Absenteeism (3) - First step
Show cause cum charge sheet - Second step
Ex-parte inquiry - Third step
Legal Notice - Fourth Step
Sue for damages in the appropriate court - Fifth Step

Deepika, first check with your management what exactly they want as the result. Are they looking to recover damages from him, re-employ him, or only punish him? Please confirm, as this is a question of one's life and career!

If I am wrong, please advise.

Regards,
Mangesh Wakodkar

Thank you all...  You guys have been a great help.

@Mangesh - I understand your concern. All we want is to be legally correct. Whatever action we can or must take under the law in such a scenario, we want to do that. 

Dear Dheepika, All our seniors said it was well and legal. My opinion, as an HR person, is to take care of staff issues. You may talk to the person and ask if they have any issues or are inefficient for the project. Find out if they are facing any pressure or being tormented by superiors. First, you should try to understand the reason why they left without any prior intimation.

Regards,
A. Kathar Basha
HR Recruitment Officer

Dear Deepika, I fully agree with Mr. Dhingra, only to add one thing: Have you signed any sort of bond with him? If yes, you may enforce the bond money through the court; otherwise, at best, you will be able to recover the Notice Pay. In India, you cannot force any employee to work with you if he doesn't want to, irrespective of the fact that he is working on a very important project. I know leaving an important project like this is unethical, and I strongly condemn it.