How to Professionally Communicate a No-Contact Policy with Former Employees?

Request for Guidance on Employee Communication

Please share your expert views and solutions for the following case:

My boss wants me to inform existing employees about the importance of not maintaining contact with former employees, especially those who have been terminated. I am looking to compose a formal email for circulation, but I am uncertain about the appropriate language or the professional approach to take.

Kindly assist me with this matter.

Thank you,

Regards,
Payal

I opine that it is not the right approach to dictate employees not to have contact with ex-employees, as it is not possible. You can be vigilant and initiate actions in case the employees are sharing any business information that could be a threat to the organization, but not in general.

Regards,
Kamesh

First, you should understand the reason why your boss has instructed this. Go through the reason and address it to existing employees. When I was in your position, my internal and official information was leaking out, and former employees were claiming they knew everything happening in the office.

I addressed this issue through email, stating that no official information should be shared with ex-employees. However, we cannot control what they discuss after office hours.

People should think practically and use common sense regarding what information to share and what not to share.

Thank you.

This would be impossible to police. It is likely that some staff members will still be friends with terminated employees. You cannot tell people who they can and cannot have as friends. Last time I looked, India was still a democracy, and its people still have basic freedoms.

Divulging internal business and official information is a different matter, and that is surely addressed in your Conditions of Employment, along with the penalties for transgression. If it isn't, then fix that problem FIRST.

Why were the employees terminated? If there is bad blood and/or they are now working for competitors, then extra vigilance may be required.

Your Query

Please let me have your expert views and solutions for the following case: My boss wants me to make existing employees aware of not having contact with ex-employees, especially those who are terminated. I want to write a formal email to circulate, but I am confused about what language I should use or the professional way to do this. Please help me out. Thank you.

Position

"Free Speech" is a fundamental right of Indian citizens, enforceable by law. Any infringement will land your establishment and the person restraining free speech into legal trouble.

The employees are governed by either the Standing Orders or the Service Rules framed by their respective industrial, commercial, or government establishments. Your employees in question are also covered by the orders/rules. You may initiate disciplinary action as per the Standing Orders or Service Rules of your establishment, which definitely have clauses/provisions for "Breach of Secrecy," dereliction of duty, acting against the company's business interest, and similar acts of misconduct.

Taking disciplinary action within the "framework of law" is also the meaning of "Rule of Law." Arbitrary actions will prove disastrous.

Regards,
Kritarth Consulting Pvt Ltd Employee Relations Team
Kritarth Consulting Private Limited
19th Oct 2014

Dear Ms. Payal,

There is no permanent preventive solution to the problem of restraining staff from keeping contact with ex/terminated staff. In the private sector, an employee is expected to be loyal and faithful to the company during the performance of duties in official hours as well as in their conduct outside office premises beyond duty hours. An employee, after office hours, enjoys the status of a citizen and the fundamental rights guaranteed under the Constitution of India. Therefore, any company cannot curtail the fundamental rights of a citizen. Nonetheless, it is justified for a company to expect loyalty and faithfulness from its employees as stated in the beginning.

Draft Mail

Circular

Attention of all the employees of this company is drawn to the conditions of service that they have to discharge their duties in the interest of the Company and do nothing which may harm the reputation or business interests of the Company. All employees are expected to observe disciplined conduct at the workplace and also maintain the good image of the Company in public life beyond office hours. It has been decided by the Management that an act of keeping contact with ex-employees terminated due to misconduct will amount to indiscipline. Any such act coming to the knowledge of Management will be viewed seriously, and appropriate disciplinary action would be taken.

All concerned are accordingly advised to note these directions for adequate compliance.

I hope the above draft will be found suitable by your Management. Get it approved from your superiors before issue.

With good wishes,

Regards,
C.M. Lal Srivastava
[Phone Number Removed For Privacy Reasons]
[Email Removed For Privacy Reasons]

I think your suggested draft is PREMATURE. You have presumed that the prohibition is ONLY with respect to interaction with terminated employees, while Payal mentioned it applies to all ex-employees.

@ Payal-- First, please give the details of: 1] the reason(s) for your boss's instruction 2] the general work culture/environment—which would, in a way, explain the unsaid story of the diktat.

All said, please note that such a written note would indict YOUR BOSS if anyone wants to go legal or even to the media—this surely is against the Fundamental Right to Free Speech constitutionally. Is your boss ready for such a possible scenario and the consequences thereof?

One more aspect that you or your boss/Company will find tough is the implementation part—like other members pointed out [you just can't police anyone out-of-office]. Ask your boss to find other ways to control the situation rather than give some sort of a generalized diktat.

A better way could be to highlight any specific instance/occasion that is the cause for such a step—IF the Company has the evidence—and send a mail regarding THAT situation with a warning/alert about any repeats by any employee.

Regards, TS

Sensitizing Staff on Information Disclosure

Sensitizing the staff indirectly on the pros and cons of divulging information about the company is important. It always helps to put up encouragement posters around the office that state why we should listen to positive things about others and not listen if people only have negative things to state. The work attitude in any organization will undergo a change very slowly. Positive affirmations are important.

Implementing Non-Disclosure Agreements

What can be done internally is that every employee signs a non-disclosure agreement, which is then filed away in the personal file of the employee. It is essentially a developmental issue and takes years to build awareness of why company matters cannot be divulged to those who do not work there. One has to encourage a spirit of belonging for an employee to reach that stage. It may be tough, but it is not something that cannot be brought down to a negligible level. The employees need to realize that they are still working in the organization because trust has been placed in them. It also needs to be indirectly emphasized that there is a reason why the employee is still working and why another has left.

I keep saying 'indirectly' because it is more about dealing with attitude change than just sending out a circular telling of dire consequences.

Hope this helps give you a different perspective on tackling the problem long term.

Regards,
Sandy

I am not an HR or legal expert. However, I read your following statement with a bit of apprehension and concern.

Statement of Concern

"All employees are expected to observe disciplined conduct at the workplace and also maintain the good image of the Company in public life beyond office hours. It has been decided by the Management that an act of keeping contact with ex-employees terminated due to misconduct will amount to indiscipline. Any such act coming to the knowledge of Management will be viewed seriously, and appropriate disciplinary action would be taken."

Let me present a hypothetical case and see what you and others think. Suppose one of a worker's relations (say a cousin or an in-law) was working in the same firm, should the worker not have any contact? If you had said "Disclosing company information...", it might have been a different case.

Regards

Dear Mr. NASHBRAMHALL and all members/readers,

With reference to the query of NASHBRAMHALL, I, with all humility and due regard to everyone's acumen, wish to suggest my viewpoint that "the draft posted by me is a safeguard against the ex-employees who were terminated for misconduct." Exceptions are always there and will always be there; that is why the law is a matter of continuous review and amendment. My suggested draft is a matter to be considered with a positive spirit, and changes can be made according to your requirements. If members feel there is any defect, I would pray for an amended draft that can be shared on citehr.

With due respect and in all humility,

C.M. Lal Srivastava

Generally, employers do not want their existing employees to have any contact with ex-employees, particularly those whose services were terminated on disciplinary grounds. They believe these ex-employees might spoil the good environment of their office by influencing the minds of current employees. In my opinion, this type of thinking or apprehension on the part of employers is ridiculous and cannot be considered beneficial for anyone. Why? Because nowadays, we cannot prevent or control any person from passing information from one place to another or from one person to another, as the means of communication can be various, such as email, cell phones, etc.

Every organization has its own service rules or standing orders covering the subject under reference, and acts of misconduct might have been clearly defined. If an employee is alleged to have committed any misconduct, they could be punished by invoking the relevant service rules or standing order, as the case may be. Simply being in touch with an ex-employee by an existing employee cannot be termed as bad unless such interaction or sharing of views is found to be detrimental to the interest of the employer's business. Therefore, this kind of circular should not be issued as it could potentially lead to further complications.

Regards,
NVRao