Can We Terminate an Employee for Providing Fake Documents During Hiring?

I wanted to know whether we can proceed with termination based on providing falsified documents during the recruitment.

Falsification and Employee Dismissal

Falsification is a crime. You can dismiss employees after giving them a show-cause notice and considering their responses, providing them with an appropriate opportunity to defend themselves. If you are satisfied with the evidence available on record that they have engaged in falsification, you may proceed with termination.

Please let the forum know further details to advise you accordingly.

Questions to Consider

1. What was the falsified document? Is it an experience certificate or an educational certificate?
2. How did you come to know about it? Was it during a Background Verification (BGV) process, or do you have any evidence of the falsified document?
3. Is the employee still under probation? What is the period of employment for the said employee?

As Smbhappy rightly said, falsification is a crime! It is a form of dishonesty, and if proven with strong evidence, the employer has every right to terminate the employee. However, the employee also has the right to defend themselves, and this should be considered by the employer. If the employee is indeed guilty, then it is ultimately up to the employer to decide.

Regards,

Yes, you can terminate an employee for falsification of documents. However, in the interests of natural justice, it would be advisable to:

(i) Reassure yourselves that the document is indeed false and it is not just hearsay.

(ii) Formally advise the employee concerned that you have found document(s) submitted by him/her to be false/forgeries.

(iii) Provide an opportunity for the employee to present his/her side of the story before you and record/document his/her response.

Thereafter, based on the merits of the case, it will be in order for you to make a decision in the interests of your organization.

Regards,
Raju Bhatnagar

Dear All,

I wanted to know whether we can proceed with termination on the grounds of providing falsified documents during recruitment.

You can proceed subject to:

1. If you have solid proof that the documents submitted by the candidate are indeed false, which ultimately was the basis for deciding on their appointment, then you can conduct a formal inquiry first to reach a logical conclusion.

2. However, adhering to natural justice requires that the person charged should be given enough opportunity to present their side. You may find that your verified facts and decision are either vindicated or not.

3. If the documents happen to be incidental, such as testimonials related to sports or hobbies, and are not crucial for the position they were being considered for, you may choose to reprimand them.

Thank you.

It goes without saying that an employee should be terminated if any document submitted by them at the time of recruitment is found to be false. If they are on probation, they will face immediate termination. If they are a confirmed employee, they should be given a chance to prove their innocence.

Anyone submitting false papers is well aware that if caught, they will face serious punishment, and they may even be prepared for that.

Question on Handling False Documents for Confirmed Employees

My question is related to noticing false documents in the case of a confirmed employee. What was HR doing all the time when this employee was on probation? Three or six months of probation is a significant period for verifying all the details/documents that the employee has submitted to the company. If any mischief is noticed after the employee is confirmed, don't you think that it is a failure of HR?

Submission of false documents for the purpose of obtaining employment amounts to willful deceit, fraud, and dishonesty. This is sufficient grounds for the termination of the service of the individual after following the procedure of natural justice. However, negligence on the part of the individual in the HR department cannot be condoned.

Regards,
S.K. Johri