Ex-Employee Used Our Letterhead for NOC Request: How Should I Respond?

I have received an email from an ex-employee requesting a No Objection Certificate. He has provided a detailed explanation of why he needs it, which is understandable. However, upon further review, I discovered that the attached document, containing the request, is an exact copy of the company's letterhead, which is not permissible.

I am seeking advice on how to address this situation as the individual is no longer employed by the company.

First of all, ask the employee where he obtained the company letterhead. Initially, discuss his requirements discreetly. In between the conversation, discreetly find out where he acquired the company letterhead, such as whether it is stored on his PC, etc. Inform the employee that using company letterhead in any manner is legally incorrect, and he should refrain from doing so and return any letterhead to the company. Although there are chances of misuse, there is little that can be done about it. Misuse of letterhead, including putting fake signatures of company officials, will be considered criminal offenses.

You have received mail from an ex-employee regarding his request for a No Objection Certificate (NOC). In his email, he has explained why he needs the NOC. However, did he prepare a draft of the NOC and send it as an attachment? If so, it could be due to his overzealousness or impudence. He might be unaware of the rules regarding who is authorized to use the company's letterhead.

If he were being unscrupulous, he could have forged a signature on a fake letterhead. Why did he use the letterhead but not go further?

You may consider seeking clarification from him to understand why he used the letterhead and then make a well-thought-out decision. Withholding the issuance of the NOC could put his career at risk. We should not respond to indiscretion with more indiscretion from our side.

Thank you,

Dinesh Divekar

NOC is for his mobile number only. Yes, I also think that it was done in ignorance, but a person having 7-8 years of experience can also do this? It's just surprising. I am not planning to take any actions, just wanted to know what will be the best way to take this forward and also what legal implications the situation has.

Give the NOC clearly mentioning that it is for the mobile number only. Using the letterhead in the draft, which he sent to you, is not a serious issue. Ignore it.

Addressing the misuse of company stationery by ex-employees

While treating the continued use of office stationery beyond retirement as an innocent mistake and issuing him the NOC, I think you also need to tell him in clear terms to desist from using it any further since it amounts to misrepresentation and fraud with the company. People may not return the office stationery and other small office articles like a stapler, etc., but using the letterhead or envelopes of the company for correspondence is reprehensible. Reckoning his past, you may treat it as not mischievous and not calling for legal action.

The legal option, of course, is to publish a short advertisement in some newspapers that such and such employee is no longer in your service and hence does not represent your company any longer. In a worst-case scenario, you can prosecute him for fraud and dishonesty.

"People may not return the office stationery and other small office articles like staplers, etc., but using the letterhead or envelopes of the company for correspondence is reprehensible. Reckoning his past, you may treat it as not mischievous and not calling for legal action."

"What learned KKHR has stated is correct. Do not ignore the use of letterhead or a similar format, but leave it after asking clearly to desist using such formats, which could give an impression that the ex-employee has taken away company stationery. Probably, the ex-employee had no bad intention; otherwise, he would have been more careful in using the letterhead while writing to the company itself. Nevertheless, the ex-employee should be told - Stop using our letterhead."

Use of Official Stationery by Employees

Using letterhead or any other official stationery by employees on their own and seeking or asking for signatures on the same from an authorized person is wrong and illegal. They should apply for the necessary No Objection Certificate (NOC) to the concerned office. The office will then either approve or reject the application based on the reasons stated for the NOC.

Significance of the Issue

In this case, the issue is significant. Even if it is due to ignorance, a proper inquiry into the matter and appropriate action are required. Company policies concerning these types of issues should be clearly communicated to all employees.

Importance of Documentation

Anything that is documented becomes proof; therefore, due care must be taken.

"I realized that the attached document, in which the matter is written, is an exact replica of the company's letterhead."

Bijoy,

The person has used a replica of the company letterhead to request an NOC. Probably, he has drafted an NOC for the company to sign.

Greetings of the Republic Day to you and all the members on the forum. I have replied in general, and regarding the specific case, the appropriate line of action has been suggested by you and other members too. I would just like to say that if any employee of the company needs anything like this or wants to avail any privilege, there must be a process of application to be submitted to the appropriate authority, following the channel of approval and sanctions. There is no need to draft anything beforehand; it is the office's responsibility to decide what to write and how to write in the NoC.

However, if it is to be considered (replica or xyz draft, etc.) in good faith, I believe the practice is otherwise wrong.

It has been informed by you that a mail was received from one of the ex-employees where the fellow requested the issuance of a No Objection Certificate. The person could have been charged for using the company's letterhead, but he has not done anything wrong. The person has shown his ignorance by providing the matter on a sheet that looks like your company's letterhead. This behavior cannot be called the misuse or unauthorized use of the company's letterhead for personal and vested interest.

When you are sure that no kind of misuse has happened, the matter ends there itself. As a bona fide employer, you can issue him an NOC and caution him not to do so or to return any stationery if it is with him before issuing.

First of all, you must send an immediate email to him informing him that you are shocked to find he is forging the company's letterhead. Once he gets that, I think he will realize his mistake and come back to you with an apology. Get an undertaking from him to not use it again under any circumstances.

After that, issue the NOC.

I just want to inquire regarding my issue in my company. I have finished my contract, and I am in the process of taking my settlement from my company. However, they are ignoring me and not answering my calls. As a result, I have filed a case against them.

Concerns about using company letterhead

Now, they have raised concerns about my use of the company's letterhead and stamp when printing a salary certificate to send to my country for personal use without the employer's approval. Initially, my manager had approved this over the phone, but now he is denying it since I have left the company. They are now threatening to file a case against me for this issue.

Seeking guidance

I am unsure what steps to take as I do not have any proof that my manager had approved this previously. I want to clarify that I did not use the letterhead and stamp for anything related to the company; it was solely for my personal use in my country.

Thank you for your guidance on how to handle this situation.

Salary Certificate and Letterhead Usage

Did you send the salary certificate that was already sent to you by email, or did you create a salary certificate yourself? You are not permitted to print something on letterhead if it was not given to you on letterhead. Most companies do not provide salary slips on letterhead anyway.