Blacklisting a Candidate for Fraud: How Should I Proceed?

Dear Seniors, I would like to know how I can blacklist a candidate who has committed fraud against the organization.

If the employee has committed fraud, then he/she deserves punishment. For this, you need to first conduct a domestic enquiry. Allow the employee to defend his/her position. Ensure that the enquiry is not tainted in any way.

If the culpability of the employee is established in the enquiry, then management can dismiss the employee. If the fraud is of a serious nature, such as misappropriation of funds or embezzlement, you may also lodge a police complaint.

Issuing a Service cum Employment Certificate

When issuing the "Service cum Employment Certificate," you can mention the reason for leaving the employment as "Services discontinued on disciplinary grounds." The fraudster cannot present a certificate of this kind to anyone. This is a severe punishment.

Blacklisting Employees

Regarding the question of blacklisting, yes, there are a few websites where you can list the names of employees of this kind. However, doing so may be seen as vindictive. The issue was between you and the employee. By terminating the employee, you have taken action, and the matter should end there. I do not recommend involving a third party.

I say this because fraud exists on both sides, with employees and employers. There are websites that mention only the names of fraudulent employees, but why not fraudulent employers? In this forum, numerous posts mention non-payment of salaries, non-payment of gratuity, on-the-spot dismissal, etc. Employers of this kind often escape punishment with impunity.

Listing an ex-employee's name on a website to prevent them from getting future jobs is akin to seeking vengeance repeatedly. They made a mistake for which you have already punished them. However, thinking about punishing them in the future as well is insidious. Let them face their consequences. Allow them a chance to reform.

In the third paragraph above, I mentioned issuing an employment certificate with negative remarks. In fact, I recommend against doing that as well. Simply write the remarks as "normal."

Regards,
Dinesh V Divekar

Dear Govind Singh Negi,

Actually, she never worked with our organization, but she showed a fake experience letter from our organization to her current employer. When I received the email for her verification, I replied that it is a fake experience letter not issued by us. Her company then asked her to leave as she presented a fake experience letter to her current organization. She begged me for the certificate, called me multiple times, and even offered me good bribes. However, I refused all her proposals. I spoke to her very calmly, but she didn't understand. Lastly, she called me at night and threatened to take action against me, which I really didn't appreciate. That was the incident that occurred.

Regards,
Vikas Sharma

I have gone through this thread carefully, and after your response at #4 above, I wish to suggest the following:

- It is your word against hers. Whatever you have alleged in your latest post (about the phone calls and imputed allegations), you have no proof to produce before any authority or court should the need arise.

- She has never been your employee, so where's the question of "black-listing" her by you or your company?

- She has produced a fake experience certificate to another company. When THAT COMPANY sought your verification, did YOU VERIFY IT? And accordingly, did you REPLY to THAT COMPANY? If you did, your role is over at that point in time itself.

Now it is up to that company to prosecute/take further action or not. How come you CAME INTO THE PICTURE AGAIN? Have you taken any approval from the seniors of your company? Does your company have enough TIME and RESOURCES to go after people who have neither worked nor even applied to your company; in legal terms - THIRD PARTIES - who have nothing to do with you/your company.

The questions put above are rhetorical and meant to deduce a proper explanation.

Hope the above is amply clear to you; if not, do seek further clarification on this.

To conclude, please remember if you BLACKLIST someone publicly or on any public website, you are liable for being sued for LIBEL or DEFAMATION.

After having said that, what remains unexplained or unclarified is how and why you came into direct contact with a third-party applicant who is applying for a job in another company? The communications, if any, should have been restricted to HR level only.

The whole episode points to a suspected case of intimidation, threat, or blackmail. One should better watch out and keep one's defense ready, just in case.

Warm regards.

By terminating his services, you have scored a point against the employee who has committed fraud. That itself is a punishment for him. If he has any conscience or morality left in him, he will look for ways and means of reforming himself and realize that he cannot get away with this kind of improper conduct.

Handling Employee Termination for Misconduct

During my service, when I had to terminate the services of two employees for acting against the interest of the organization, I carried two kinds of letters with me when I met the employees. I asked them whether they would tender their resignation letter, which would be accepted. If they were adamant in their stand, then they would accept the other letter which terminated their services with the organization.

They decided to accept the former letter, and the problem was resolved amicably. They would have learned their lesson the hard way!

Best wishes

Dinesh V Divekar and Raj Kumar have raised absolutely valid and relevant points in the situation you mentioned. You haven't mentioned if your boss or higher-ups in HR are aware of this incident or situation—meaning, have you informed them? If not, I suggest keeping them in the loop.

Another way of looking at this incident is: on what basis does this lady have the temerity to 'threaten' you regarding your wording—'...she called me at night and said I will do something against you now.' Does she know anyone at the top in your company?

I hope you have retained the emails you received from her present company and your reply for the Reference Check. I suggest saving them for a while; you never know when you might need them to stress your point or action.

One more aspect that's a bit confusing in your thread or posting. You mentioned, "...She begged me for the certificate. She called me many times and also offered me good ransoms." How does she know YOU?

If she has called you at night, that means she has your mobile number—how did she get it unless she has had a past interaction with you or someone else in your company?

There are still some missing links in your thread—please fill the gaps, and the members can give you the most realistic and practical suggestions.

All the best.

Regards, TS

As I am aware of the whole incident, I think you must tell all details in sequence. Then you will get a proper resolution of your query.

Regards,
Lavika
HR Executive
Angel Broking Ltd

Response to TS

Yes, my boss and higher management are aware of this incident. I have even marked them in an official email. I do not know on what basis she threatened me. She does not know anyone in our company, but she knows our ex-employee. Yes, I have retained all the emails I received from her current organization.

Now, how does she know me? She had an interview in our company two years back, but at that time, she did not turn up. She got my number from her colleague who came to our office for verification. He was carrying my number and gave it to her.

Regards,
Vikas Sharma

Industry-Specific Blacklist Information

The Info Tech industry and NASSCOM share a common blacklist. You will need to speak to them as no other industry has one. Regarding the other matters, I suggest filing an FIR with the police so that it is on record. Seek assistance from your management to proceed with this step.