How to Address an Employee's Sudden Departure and Misconduct with Their New Employer?

Our company employee left the job without any notice period or resignation. Now, he is working in another company. He did not hand over anything related to the company property that he used. We want to send a letter to his current company about him. Can anybody help me with what we should put in the letter?

Dear Ginnia, I personally feel that rather than intimating his current organization, you should inform the employee directly. There is an employee-employer relationship between both of you, and the dispute is between your company and the employee. His current organization is not privy to this information unless they ask you for background verification.

I believe that you have not received any official information about his joining a new organization, so it would not appear as official communication to notify them. This may raise questions about the company's intentions.

You should send a notice to the employee and ask them to follow the rules. In case of failure to comply, you may withhold his final settlement and other documents such as the relieving letter, experience letter, etc., or take any other necessary action.

Let other members also share their views.

Thank you so much, Tushar, for your help. We have already informed him twice, both telephonically and by a simple notice, but he has not replied. We are aware of his current company. Now, we are planning to take legal action against him, and we also want to send a copy of the same to his current organization. Therefore, I am seeking help on what should be included in the email that I intend to send to his current organization.

Thank you so much, Tushar, for your help. We have already tried to reach out to him twice, both telephonically and through a simple notice, but he has not replied. We are aware of his current company. Now, we are planning to take legal action against him, and we also intend to send a copy of the same notice to his current organization. That's why I need help with drafting an email to send to his current organization.

Handling Employee Absence and Legal Action

We had a similar issue with an employee before. You should send him a letter via registered post instructing him to report to work immediately or to provide us with the reasons for his absence along with supporting evidence. If he refuses to accept the letter or declines to sign the acknowledgment, it will serve as proof that communication was attempted. If he has not officially resigned from his position, he is still considered your employee.

Typically, every company includes a clause in the agreement stating that an employee cannot work for another organization while under contract. You can use this clause to question his new employer about how they can employ him without proper clearance from your company. It is advisable to seek guidance from your legal advisor on the best course of action.

Regards,
Srirani Abhilash
Innovative Business Mind Technologies Pvt Ltd
Cochin.

Do you have any information about the reasons for his behavior? How long has it been since he absconded from your organization? Did your organization follow the statutory process for absconding employees, thereby terminating his employment? Send him notices by Registered Post and thereafter, in case of no response, please send him legal notices.

With regard to his current organization, you may contact the HR verbally and inform them that the employee was working with you, absconded, is terminated, and is showing no signs of settling his dues. Also, indicate to them that your organization is possibly going ahead with legal action. Request that HR have a word with him to resolve this in 3 days or whatever is a comfortable timeframe.

Hope this helps.

Regards

As the employee left along with company property without notice, please declare him as absconding and send him a registered post requesting him to return to the company with the property and surrender it. Failure to do so will result in a criminal complaint being filed against him for theft of company property and for absconding.

Thank you.

You can directly ask or instruct the concerned employee to surrender all company property to your Administration department immediately. I presume a clause is already included in the appointment letter issued to him regarding this matter. Refer to that clause.

If he still does not respond, proceed to issue a legal notice, as suggested by the respected members of CiteHR. If all your efforts to retrieve the company property fail, you may consider informing the current company where your employee is working.

Thanks,
R K Nair

Steps to Address Employee Departure Without Notice

1. Kindly send him the notice to register post. The letter must contain the time limit for a reply.

2. If there is no reply, file the complaint in the respective jurisdiction and take legal action, based on the notice sent to him through registered post.

3. You may also withhold his/her Full & Final, Bonus & Gratuity but not EPF.