Employee Forgery Dilemma: How Should We Respond If He Returns and Warn Others?

One of our employees has worked for 5 months, but he absconded 10 days ago. He prepared a fake experience certificate from where he worked and presented it to the new employer. The new employer conducted a background check with me and sent me a copy of the certificate.

Action for Returning Employee

Now, the question is:
- If that employee returns, what action should be taken?

Format for General Warning Circular

I need a format for a general warning circular to all employees, mentioning his forgery and misuse of hospital stationery.

Please help me. It's very urgent.

Regards,
Sumathy

As you suggested, it is better to issue him a warning letter. You should reference the date he went for the interview. You can even issue two warning letters:

1. A letter for absconding for a long time.
2. A letter for forging the experience.

Thank you.

Hi, mainly, I need the format for creating a general circular to be posted on the notice board as a warning for all employees. I am unsure whether I should mention the specific employee's name in the circular or issue a general warning.

Regards,
Sumathy

Don't put it on the notice board. You should issue it only to the particular candidate.

Certainly, you need to take action and must not tolerate any employee who breaches the employment conditions. I hope you are using relevant terms and conditions in employment or appointment letters, such as stating that if an employee is found engaging in such acts, they can be terminated immediately or under a "Misconduct Policy."

Steps to Address Employee Misconduct

First, you need to issue an "Absconded/Warning letter"; later, you can proceed with termination by stating the reason for his involvement in this act. Alternatively, issue a notice regarding this matter.

Second, there is no need to post this on the notice board; instead, formulate a policy or include that clause (if not already present) in the appointment letter. This can be a simple way to address these kinds of issues.

You can take three steps:

First Step: Issue a Warning Letter

First, send a warning letter to the concerned employee. The warning letter should include:

1. Details of the conduct issue of concern.
2. What has been discussed with the employee about the issue.
3. What the employer will do to assist.
4. An action plan of the steps the employee needs to take.
5. A reasonable timeframe in which the changes or improvements need to occur.

Ensure that the employee receives the warning letter and document the details of providing the letter (e.g., the time, date, who was there, what was said, etc.).

Secondly: Internal Circular Content

The matter that you can include in such an internal circular (not on the notice board):

Kind attention: With reference to clause (so & so) of the appointment letter, every individual employee is required to serve a ONE-month notice period. Recently, an employee of our company left the organization abruptly without handing over the responsibility & serving proper notice; hence, he has been declared as ABSCONDED. Furthermore, it has come to the company's notice via a reliable source that the employee has also been involved in a criminal event of forgery by preparing a fake experience certificate. The company will be taking strict disciplinary actions against the same.

It is unethical on the part of the employee to do so. You can draft this properly as per your company standards & motto.

Basically, if during the background verification we find that the employee has made mistakes, we will need to collect their original certificates and obtain a letter from the employee. If the employee is seeking another opportunity, we will not provide relieving documents.

Regards,
Latha J.

I would also like to share an incident of cheating/forgery/misconduct. One of my colleagues wrote a letter in my name and signed on my behalf without my consent/permission for writing the letter. I think this is something that should not be done in the eyes of the law. He deserves punishment.

How Should I Proceed?

PLEASE HELP, how should I proceed.

Regards,
Mousumi

Assistance Required for Writing Enquiry Findings

I have conducted a domestic enquiry against a habitual absconder employee, and all charges have been proved. Please assist me in writing the findings of this enquiry.

Thanks,
Nadeem Iqbal

First, you should start with a show-cause notice and then discuss his absence of more than 10 days. Lastly, explain why you believe his charges are proven as per the act.

Thank you.

As far as the whole situation is concerned, the employee must abide by the rules of the company as it will also affect his own career. Looking at some points, it is very important that before taking any steps against him, issue a warning letter and ask for his perspective on why he committed such forgery.

I have attached a copy; I hope this will help in drafting the circular letter. You need to revise the wording accordingly.

Regards

If the person absconded from work without information, then wait for 10 days. As per law, if the person absconds without notice, the job can be terminated, subject to a notice served to the present/permanent address after 3 days of lapsing from duty.

Verification of Experience Certificate

Regarding the fake experience certificate, the certificate submitted by him is signed by the past employer, so verify the past employer verification with a signature. If found correct, then the employee doesn't have any fault, even though the past employer issued several work experience certificates to unemployed candidates. The past employer has done social justice for employment to earn and survive. There is no law to punish the employee for this. Yes, if the employee submitted fake educational credentials, then the law binds to punish him for fraud and cheating. Therefore, work experience can be observed through the interview process. Again, you can't issue any warning or show-cause letter to the employee for previous employment, except for illegal activities done in the current organization.

Legal Considerations and Suggestions

My special suggestion is not to become a judge, even though the appointment letter mentions background verification approved by the certifying officer (Labour Commissioner). The certifying officer is not a lawmaker. There is no such law; otherwise, it may be challenged in court by any employee or actual employee later, leading to penalization of the employer.

I disagree with Hiral Mehta and Anil Arora for their incorrect suggestions as there are no rights for action against an employee with subsequent reasons that contravene the law.

I also disagree with Latha-Jadeesan for holding the relieving letter. Don't assume you are a lawmaker with legislative power. If an employee wishes, he/she can lodge a complaint for conciliation in the State Labour Department. If the employer is unable to agree to the employee's request, then it may go to civil court for a verdict in the Labour Court, High Court, Supreme Court, etc. Please don't invite disputes; always try to solve them to the maximum extent with well wishes for future achievement.

Regards

First, there is a procedure for termination of employment without notice by the employee. If the employee does not communicate information with the reason behind it within 10 working days, then employers can terminate the employment with subsequent notice to the employee. If the employer does not receive any information within 3 working days for absenteeism by the employee, then the employer can issue a notice to the employee for the reason for absenteeism. If there is no response within 10 working days, the employer can terminate the employment. Additionally, if the employee provides a reason on medical grounds, the employer is bound to reinstate the employee by the eye of the law.

Forgery of Certificates

Secondly, if an employee forges an educational certificate, a criminal case can be filed; however, there is no law provision for forging an experience certificate since most establishments provide such certificates to candidates for job applications, except government organizations. The experience certificates provided by organizations are usually genuine as they are achieved through actual work done by employees. Therefore, employees should not face negative consequences in their careers for receiving remuneration from these establishments. Organizations also maintain records of experience certificates given to candidates. If an employee creates a fake experience certificate, the organization can take legal action against the candidate utilizing the organization's documents. However, if the forgery is done externally without using the organization's stationery, it may be challenging to take action as the signature is not authentic and thus invalid.

Regards,
Manoj Kumar
B.Sc, LLB, PGDBA

Absconding from job duties

Absconding from job duties falls under a well-known disciplinary procedure drafted by your company. The employer has every right to control the misbehavior of the employee, so go ahead.

Drafting a general warning letter

Secondly, you have asked for a general warning letter. I don't think you have the capacity to draft a letter. Mention this case and put it on the notice board. No problem. Absconding from duties due to medical grounds can be bearable. In this case, absconding and forgery need public attention, obviously. Go ahead and draft a warning letter applicable to all, and another memo to the employee for breach of contract to work there.

I think you have understood well. You can do a lot.

Legal Considerations in Background Verification

The background verification done by a third party, by gathering genuine information, may not be acceptable in a court of law. Only verifications done by a legal authority, such as a commissioner (e.g., Advocate or police deputed by the court), can be deemed acceptable as per the constitutional rights set forth by the court.

Forgery of Office Stationery

Regarding the forgery of office stationery, a proper inquiry through an FIR is necessary, as the same can be reprinted by an offset/screen print machine, but signatures cannot be replicated. I believe you cannot prove that he has stolen after leaving the office.

Handling Absenteeism

If a person absconds without notice, for example, without submitting a leave letter or any slip, and is absent for three days or more, it is your duty to serve a notice to his present/permanent address to gather information for such absenteeism. If you do not receive any information from him within 10 days of his absence, you can terminate his job as per employment law by sending a letter through registered post to his address.

Reinstatement Considerations

Furthermore, if an employee seeks shelter for treatment at a hospital for health problems outside of their residing address or permanent address, then you must consider reinstating them in service following a proper inquiry from the concerned hospital in a written format.

It is crucial not to issue any warning letters without sufficient evidence to any employee, as doing so may lead to disputes being raised and prejudice in court.

Regards,
Manoj
Advocate