How Do I Draft a Warning Letter for a Colleague's Unwanted Attention and Comments?

Hello, everyone,

I am new to this citehr.com. I want to draft a warning letter against one of the staff members who is mentally harassing me by passing comments, teasing, and showing interest in me, which is very awkward for me. I am the only HR in the organization and have already approached management, who have now asked me to issue a warning letter against him.

Please guide me on how to draft the letter.

Regards

Feedback and Warning Letter Process

Before issuing a warning letter, it is important to provide feedback in person. The warning letter should be based on the facts that emerge during the feedback session. This is crucial because the individual might completely deny any wrongdoing. Do you have evidence of the actions this person has committed?

Let the feedback session be conducted by management or another senior person. Have instances of his misdemeanors ready. Explain that office etiquette or workplace etiquette cannot be codified to the last detail. Discretion requires drawing a line to avoid encroachment of personal space. Currently, disciplinary action is not initiated; however, recurrence of these acts will lead to severe disciplinary action under the provisions of the Sexual Harassment Act.

The essence of feedback lies in maintaining the employee's motivation level. We are not here to demoralize him. He should not become further incensed due to criticism. Therefore, negative criticism has no place in the feedback session. Emphasize that following workplace etiquette is crucial for a healthy workplace culture, which maintains employee motivation and ultimately satisfies our customers.

Lastly, the feedback session should conclude with obtaining agreement from the other party. He should summarize his actions and agree not to repeat them in the future. He should maintain a reasonable distance from you.

If the employee acknowledges his wrongdoing, there is no need to issue a warning letter. A simple letter summarizing what has been discussed is sufficient. However, documentation is very important.

If the employee is unyielding or unrelenting, inform him that you will be forced to make an official complaint under the provisions of sexual harassment laws. The recently enacted laws on sexual harassment are far more stringent, and he will face dire consequences. However, you need to be doubly cautious with this person thereafter.

Thanks,

Dinesh Divekar

Thank you for your reply, sir.

Since I have the evidence from the CCTV footage, the accused won't understand the situation without a feedback session. Therefore, I would like to draft a strong warning letter against him so that if he repeats the same actions in the future, management will ask him to leave the organization.

Please help.

Regards

If you have CCTV footage and are strict about addressing wrongdoing, first submit an application to the authorities concerned about the incident. Based on this application, your management should issue a show cause notice to the accused. If the accused admits guilt, have them submit an apology letter. With this apology letter, a warning letter may be issued. If the accused employee remains adamant and refuses to accept guilt, proceed with a domestic enquiry under the provisions of the Sexual Harassment Act. Please note that this is not a routine enquiry. The composition of the enquiry committee is different in these cases.

I recommend that you prepare a draft of the show cause notice on your own and upload it here. Senior individuals like me will further review and correct it. In the show cause notice, include details such as what happened, when and where it occurred, how many times it happened, who were the parties involved in the incident, and what the impact of the behavior was.

Thanks,

Dinesh Divekar

Thank you, sir.

Now I got the exact point. I will definitely ask him in the return application that he won't repeat the same. I will try to mail you the warning letter draft for approval.

Thank you. Your comments really helped me a lot.

Regards

Dear friend,

Have you given a warning to the stalker in your personal capacity? If he has disregarded your warnings, then you may submit a formal application for sexual harassment. However, if his misconduct is established in the inquiry, it will be considered a severe offense. Aside from the punishment, it could also jeopardize his career.

Thanks,

Dinesh Divekar

This seems to be a case of sexual harassment. You can file a formal complaint with the company, and it shall be taken up by the Internal Committee as per the process of the law.

If you need any guidance in the matter, please feel free to connect.

Thanks & Regards,
Avika Kapoor