How Do You Handle a Problem Employee with Strong Management Ties? Seeking Advice

Problem Creator Employee - How to Get Rid

There is an employee who has been working for the last three years in the laboratory, and she has a group of followers. She acts as a ringleader and creates problems in the functioning of the department. Many times, she has been asked not to do so. She works parallel with the department in charge and is always against and opposes him. She has a strong hold in the management, so she doesn't care about anyone, even the doctors and HRs.

I joined the organization and saw the mess in the department. I talked with the in-charge, and he said he is helpless but hesitates to share why things are happening this way. I conducted an open house in the department and could see the arrogance and non-cooperation of some employees. I found the root cause spreading like cancer. I was trying to find ways to get rid of the "ringleader." So, I planned to cut the branches first. The department in charge told me they are saying that they will take your job if you go against them.

Then I started making close observations of their functions and identified the first target.

I collected all data and evidence like insubordination to seniors (didn't participate in department meetings), no takeover and handover of duty at the beginning and end of the shift, misbehavior with nurses, late attendance, unauthorized leave, and errors during investigations.

I asked him in writing to explain within 48 hours of receipt of this letter why appropriate disciplinary action should not be taken against him. He didn't accept, so I sent it by post. I didn't get any explanation in 30 days, so I sent him a termination letter mentioning, as per the appointment letter, a 30-day notice period. His last day was 20th July.

She was asked to participate in the performance assessment examination, but she didn't. She was given another chance, and senior management personnel called her to attend, but she didn't bother to respond to him. They are very annoyed now and want to get rid of her. It's a chance that came to me. She has been absent for the last 5 days and is not even picking up the in-charge's calls. I have sent her a show cause notice and am planning to send another couple of letters in the coming days. Then, I will frame charges and inquiries against her and then send her a termination letter.

I need to know your views and suggestions to manage this process in a smoother way.

Regards,
Shaikh Abedeen
Human Resources Professional

I find a little logical inconsistency in what you have written. In the fifth paragraph, you have written, "So I send him a termination letter mentioning as per the appointment letter that is 30 days notice period. His last day was 20th July." Now, my question is, once the delinquent employee is on the notice period, what is the point in giving a show cause notice or sending letters to her? You should have done all this before putting her on the notice period and not after.

Since she is adamant in nature, I recommend you conduct a proper domestic enquiry and then terminate her services. Make sure that the enquiry is not vitiated in any way. In the future, if she were to approach the labour court, you should not have any kind of problem. If she abstains from the enquiry, you should have proof of that.

Ok...

Regards,
Dinesh V Divekar

"I apologize for the inconsistency in the sentence: “I didn’t get any explanation in writing from him, so I sent him a termination letter with a 30-day notice period as per the notice period clause mentioned in the appointment letter. His last day with the hospital was 20th July.” We need to be very cautious while handling this, as we may be challenged by the labor department. We need to prepare the charge sheet with all charges, and inquiries should be transparent.

Thanks for your suggestion."

Kindly tell me one thing - is he/she categorized as an employee, worker, supervisor, or...?

Could you provide me with your contact number so I can inform you?

One important point to note is that you cannot terminate him/her abruptly. There are a lot of formalities involved, such as proper domestic inquiries and procedures, etc.

Otherwise, you may have to deal with legal proceedings if he/she decides to approach the Labour Court or Labour Commissioner.

Regards,
Satyaa K

Thank you for your suggestion and advice. Both employees fall under the highly skilled category of workers. There is a process for terminating employees, such as issuing a show cause notice, framing charges, and conducting inquiries. Based on the findings of the inquiry, action is taken against the employees.

We have asked him to serve a notice period of 30 days as mentioned in the employment contract. Is this not legally validated? I would like to hear your views on this matter.

Regarding the female employee, we will be sending a couple of show cause letters, then framing charges and conducting inquiries before taking any action against her. We are providing ample opportunities for her to defend her position.

Regards.

I have described in the post about two employees. One is female, and she is the main reason behind creating all the problems in the department. The other is male and is a member of her informal team. First, we identified the male employee, collected all the evidence, and issued him a show cause notice. However, we didn't receive a reply from him for 30 days, so we issued a termination letter with a 30-day notice period to be served by him. For the last 6 days, the female employee has not been coming to work, and we have issued her a show cause notice.

Regards,

From the initial post and the subsequent clarification, it appears that you have already gotten rid of the male employee, and now you are concerned about the female one only. In that case, you have to take into consideration certain facts. Though she has been a troublemaker, you did not get a proper chance so far to fix her. Now, she has:

1. Not attended the performance assessment meeting;
2. Not taken your calls; and
3. Not reported for duty for the past four or five days (there was also no intimation from her, orally or in writing, I presume).

These are not reasons enough to terminate an employee. The punishment should be proportionate to the offense. Otherwise, it may be quashed by a legal forum. The fact that she is neither attending duty nor taking calls may indicate that she is on the lookout for some other job, or she might have already got one. If that is the case, and if she wants to leave, seize the opportunity and get rid of her without standing on prestige and precipitating matters.

She and her family are staying in hospital-provided accommodation. If she is not willing to join, that’s good; we can show her as absconding. She wants to prove that the department cannot run without her. Let's see what’s the end to this. She has received the show cause letter today.