Handling a Probationary Employee's Sudden Exit and Misconduct: What Steps Should We Take?

We have this probationary employee and will end her contract 10 days before her probationary period. A month before her probationary contract ended, I already talked to the management for her evaluation to determine if she would still be employed as regular or be terminated. Unfortunately, my boss decided to terminate her 5 days before her termination. She will be notified because of her low performance and rule violations. The management had so many transactions that she could not mind the status of my co-employee. As we decided to give her the termination letter, she talked to my boss immediately and asked for a month of extension. We gave her the letter 5 days before she ended her probationary period. In the letter, it stated that she would have at least until the end of the month to turn over the files and responsibilities to the newly hired applicant.

Our trainee complains that she can't stand the attitude of our co-employee; maybe she doesn't want somebody to replace her. The management went on an out-of-town trip, and she got the chance to be so rude to everyone. Because of the grievance she made, I tried to talk to her, but because she is older than me, she doesn't want to listen. I texted my boss regarding those issues, and she called her, and they argued on the phone.

Four days after her probationary period ended, she decided not to go back to the office without any turnover. She doesn't answer the calls and texts. The worst part is, we found out that she had so many anomalies taken from the fund. What actions should be taken and considered if we are going to file a case against her?

Clarification Needed on Employee Termination Process

The problem here, first, is that despite a long post, it's not clear:

• What industry are you in?
• Why did you give an extension when she is to be terminated?
• Why didn't someone from the office take a handover in the presence of management?
• What are the "anomalies in the fund"?

Remember, if you are hiding some fact or being vague, you are going to get wrong answers and suggestions from the members.

Accounting Officer's Employment and Grievance Issue

She was our Accounting Officer, and she held our petty cash. She begged for an extension of employment in our company. I am the HR Officer, and I am accountable for every grievance in our office. However, due to her attitude of not respecting my position, I called my boss because we are at the same supervisory level. We found out that there was a hidden amount during the auditing of the expenses.

Regards,

Legal Actions for Employee Misconduct

If the amount is large, you can file an FIR against the ex-employee and let it become a criminal case for fraud. If the amount is small, you can let it go or send a legal notice for recovery.

Potential Legal Action for Termination Notice

What if she were to try to sue my boss regarding her notice of termination, claiming that it should have been given one month before her probationary period ended?

Regards.

Was her request for an extension of employment for one month in writing or verbal?

Understanding Termination Terms and Legal Implications

First, you need to check what the terms specified in the appointment letter are. Does it provide for a month's notice during termination? Most companies do not have such a rule.

Second, she applied and was granted a one-month extension. She was not terminated; she absconded. So how can she sue your company for the notice period? Further, with the matter of fraud and theft of petty cash, I doubt if she will do anything. In fact, you should file a police complaint on the matter.

It was a verbal agreement. That was the time she begged for an extension. In the termination letter, she has a 15-day turnover for the newly hired.

Regards.

Clarification Needed on Appointment Terms

You have not specified what the terms provided in the appointment letter are. Please understand that you cannot get an answer without providing full details. Every bit of the circumstances affects the options and the application of the law.

Importance of Providing Complete Information

If you had bothered to give full information at the start of the thread, you would have received a more reasoned and correct response, and many of us would not be wasting time going round and round.

Probation Period Termination and Employee Conduct

As she was on the probation period, everything depends on the terms and conditions specified in the appointment letter issued at the time of her joining. Many companies state in their appointment letters that if an employee's performance and attitude are not in accordance with the company's decorum during the probation period, he/she will be terminated without any notice period.

The termination given to her is in writing, while her extension request is verbal. In any case, she will never deviate from the standard process.

Regards,
Subhash Kumar