How to Handle an Unprofessional Employee Without Immediate Termination? Seeking Advice!

Hi Members, I know there is an HR Fraternity where we can list the names of employees who should be blacklisted. This is based solely on unethical behavior and unprofessionalism. Is anyone aware of that group? Can you please confirm?

There is an employee who comes and goes from the office as they wish, takes ad hoc leaves, does not deliver tasks on time, and lacks commitment and focus. Verbal and written warnings have been given, but to no avail.

We would like to terminate this employee, but we are currently dependent on them due to an urgent delivery and cannot afford to bring in a new person who would require time to acclimate. This employee is also well aware of this, which I feel they are taking advantage of.

We do not want this to happen to any other employer, and this employee should also learn to respect their role. Can any of you please advise on this matter?

Note - It is a software development firm. Awaiting a quick response. Many thanks!

Steps to Address Employee Misconduct

Firstly, you need to set things right by terminating this person on an urgent basis and posting an ad on various professional platforms to hire a replacement.

Secondly, in company records, maintain this employee's data as terminated on the grounds of demonstrating unethical behavior and integrity issues. This ensures that if he ever applies for a new job in a new firm, the background check will reach out to you/HR. You can then share the relevant information with them to prevent them from hiring the wrong person. Release him with a termination letter.

You have stated that a warning letter was issued. Why was no action taken in the case of repeated "offenses"? You cannot arbitrarily terminate an employee just because you failed to follow up on the disciplinary procedure. Follow the proper procedure to terminate his services. Only then can you announce that so and so's services have been terminated due to ----- and he/she is no longer associated with -----.

Blacklisting Employees: Ethical Considerations

There is no such forum where you can blacklist an employee. For the IT industry, there is a database that NASSCOM maintains. Even if there is a database, an employer cannot just blacklist someone at their whims and fancies. It is your opinion versus the employee concerned. You cannot resort to vendetta. A person can be punished only once as per the law. Termination is in itself a punishment. As Suresh Rathi has mentioned, conduct an inquiry, and if the person is found guilty, then punish the person.

Talking about blacklisting an employee based on your whims and fancies reflects an unethical, unprofessional, and vendetta-filled mindset, which is not healthy to grow as a professional.

Understanding Misconduct and Blacklisting in the Workplace

Most companies alleging misconduct by their employees fear conducting a domestic inquiry because they often lack substantial evidence about the alleged misconduct. Generally speaking, the number of misconducts committed by an employee is usually less than the number of violations of rules and regulations by the company.

From a legal standpoint, blacklisting an individual holds no validity. If the employee desires, they may sue the company. Additionally, an aggrieved employee can also blacklist a company, if such a concept of blacklisting exists. As already mentioned, blacklisting cannot be done based on personal whims.

If an employee has committed misconduct, the appropriate course of action is to issue a charge sheet, conduct a domestic inquiry, and punish the employee according to the report of the inquiry officer.

Regards

Blacklisting an employee can be unethical, and the employee can file a complaint in court for compensation. Conduct a domestic inquiry, and if the employee agrees to the charges, only then can you terminate the employee.

There is already a blacklist on the companies registry maintained at MCA for the failure of statutory compliances.

HR Fraternity and Blacklisting Employees

I have not heard of any "HR Fraternity" facilitating the blacklisting of employees based on unprofessionalism and unethical behavior. If it is truly an HR Fraternity, it should also provide a platform for blacklisting employers on similar grounds, about which we have abundant threads on our citeHR.

Moreover, aspects like professionalism and ethical behavior, as well as their opposites, are purely subjective phenomena. If an employee's behavior violates the rules of discipline, the employer has the ultimate recourse of terminating their services after following the due process of law, as suggested above by our learned friends.

In addition, there is the background verification process. Why take such an extreme step like blacklisting after termination? Would it not resemble "perdition"?

Regards

If you are from HR, please read the ID Act and Industrial Standing Order. What is a blacklist? In which enactment is it mentioned?