How Should I Handle an Intern Accused of Misconduct When His Future Seems Promising?

I hired an intern, an engineering graduate from a reputed college in India. He was jobless for two years as he was trying different exams and lacked some training. His parents are apparently Bangladeshi migrants and belong to a poor background.

After a week of joining, he called to inform me that the police had caught him because a girl accused him of touching and following her. He requested me to bail him out as he didn't want to involve his parents or friends in such a matter. I tried reluctantly; my lawyer initially contacted the police, but upon learning that a case had been filed, he advised against interfering in such matters.

Now that he has returned, he shared the story and mentioned that his parents and sister had come to bail him out. He doesn't even recognize the girl. He requested the police to resolve the matter, but they mentioned that the girl is considered dangerous and could also file a case against the police officer if they exceed their duty. (The girl had asked the police to show his ID when a police officer came to her rescue after her loud call for help.) I detest individuals who mistreat women and understand the fear and harm it causes to both the individual and society. Such migrants are despised worldwide. I am relieved that my intervention didn't succeed. I am unaware of the situation and do not wish to be involved. I suspect he might be guilty.

He is a promising candidate who learns quickly and appears hardworking. I have been searching for someone like him for a long-term position. However, my partner is hesitant to retain him. Given that we do not have female staff, I am uncertain about whether to keep or terminate his employment.

Incident Involving Employee Outside Workplace

The incident that you have quoted relates to your employee. However, the incident happened outside of the workplace. A police complaint has been filed for whatever occurred, and the matter is currently under investigation.

As of now, we cannot judge whether your employee is guilty or not. That is for the court to decide. However, Indian jurisprudence states, "nobody is guilty until it is proven." Keeping this principle in mind, you may continue his employment.

Recent Supreme Court Ruling

Recently, the Supreme Court acquitted two persons who had been punished by lower courts for gang rape. You can refer to the news by clicking on the following link: https://timesofindia.indiatimes.com/...w/65615121.cms.

Moral Stance on Women's Safety

I appreciate your moral stance regarding women's safety. It is crucial for the world to be a safe place for women. However, what about our lawmakers? Approximately 36% of them are facing criminal charges yet continue to serve as people's representatives and enjoy perks. You can read more about this by clicking on the following link: https://timesofindia.indiatimes.com/...w/63261553.cms.

In light of these facts, removing your employee from employment could be viewed as biased behavior. However, the final decision rests with you.

Thanks,

Dinesh Divekar

Handling a Sensitive Situation with an Intern

This intern seems to have been involved in a serious offense and, pending further action by the police, has perhaps returned to work while on bail. You may give him one fair chance to work on the condition that if he is found guilty by the police, he would be discharged. He has to agree to this and state it in writing. This suggestion is based on your input that the person is a good performer and that, except for this black spot, you would have retained him.

Regards,
Vinayak Nagarkar
HR Consultant

The organization must wait for the case to conclude before any decisions are taken. The employee may get acquitted. The case appears to have a lot of loopholes (a good lawyer can help). The employee was in a mall and may have been mistakenly caught in a crowd where a lady got touched, and she had mistaken it. There are many possibilities, including the person having bad intentions. Only the court can decide based on the evidence. Wait and then decide as per the situation.

I understand. Intern's lawyer told that he has to appear at every hearing and after 4-5 hearings, generally, girls stop attending hearings. It depends on whether there is CCTV or not. Maybe he would have to pay some fine, and the case may remain inconclusive. Moreover, the intern may not remain long-term as he would feel fear, whether he is guilty or not.

Hi, it is better, as someone has suggested in these columns, that the employee may be allowed to continue provided he gives an undertaking that the present charge by the police regarding the molestation, if proved, shall lead to discharge from employment. It is good that we do not judge people by what either he says or the victim/complainant says. It is not within our purview nor interests; let the concerned investigation team conclude and take it to a logical conclusion. You may ask the employee to furnish the details once the case is concluded, either way.

Thanks and Regards