Dear Seniors,
A gentleman joined our organization on 21st November this year, he was supposed to join a week prior which is 14th of November. But he called me up and mailed me that his Mother in Law died so requested to postpone his joining by a week, and we agreed to that. So he joined on 21st.
After working for 9 days on 30th he resigned with immediate effect. Meanwhile we couldn't send him the appointment letter so he didn't sign it. But he completed joining formalities and gave his attendance for those 9 consecutive days.
we internally calculated that we owe him 9 days's salary and processed that for full and final settlement.
But when we went ahead to link his UAN no with our code we found out that he joined another organization just prior to join us. And he suppressed that fact, he declared in form 11 submitted to us that previously he didn't have any EPF account.
So we called up that organization and found out that he joined there on 10th of October, 2016 and resigned on 18th November, 2016 and then joined us on 21st November. So he suppressed this fact.
So basically when he called me up and said that his month in law died and requested me to postpone his joining date he was actually working in that company and the company confirmed to us that nothing of that sort happened.
So he lied about the reason of the request to postpone his joining date and also suppress his previous employment, gave false declaration in form 11.
Now we are planning to terminate him, but we also want to sue him for doing fraud by saying that lie. To get into the employment contract with us he requested us to postpone his joining date by a week by telling a lie in writing. And that leads to fraud I suppose.
We are a very big and respected MNC in India. So we have a process to follow. So naturally my line manager and the management want to take very strict action for that fraud/lie.
Can we take any legal action against him? Can we sue him for fraud?
I know this will adversely affect his career or may be end it altogether because it's a criminal offence but I'm sorry I have nothing to do under these circumstances.
Please advice can we take a legal action against that person concerned.
A gentleman joined our organization on 21st November this year, he was supposed to join a week prior which is 14th of November. But he called me up and mailed me that his Mother in Law died so requested to postpone his joining by a week, and we agreed to that. So he joined on 21st.
After working for 9 days on 30th he resigned with immediate effect. Meanwhile we couldn't send him the appointment letter so he didn't sign it. But he completed joining formalities and gave his attendance for those 9 consecutive days.
we internally calculated that we owe him 9 days's salary and processed that for full and final settlement.
But when we went ahead to link his UAN no with our code we found out that he joined another organization just prior to join us. And he suppressed that fact, he declared in form 11 submitted to us that previously he didn't have any EPF account.
So we called up that organization and found out that he joined there on 10th of October, 2016 and resigned on 18th November, 2016 and then joined us on 21st November. So he suppressed this fact.
So basically when he called me up and said that his month in law died and requested me to postpone his joining date he was actually working in that company and the company confirmed to us that nothing of that sort happened.
So he lied about the reason of the request to postpone his joining date and also suppress his previous employment, gave false declaration in form 11.
Now we are planning to terminate him, but we also want to sue him for doing fraud by saying that lie. To get into the employment contract with us he requested us to postpone his joining date by a week by telling a lie in writing. And that leads to fraud I suppose.
We are a very big and respected MNC in India. So we have a process to follow. So naturally my line manager and the management want to take very strict action for that fraud/lie.
Can we take any legal action against him? Can we sue him for fraud?
I know this will adversely affect his career or may be end it altogether because it's a criminal offence but I'm sorry I have nothing to do under these circumstances.
Please advice can we take a legal action against that person concerned.