Employee Left Without Notice and Joined Another Company: Can We Report This to His New Employer?

Dear Friends, I need a kind help from your end. I have encountered a case where an employee of ours, who joined the organization last year, suddenly went off work with a leave request for 7 days from Mar 2nd to Mar 9th, citing a family hospitalization issue. A week later, he unofficially emailed his resignation letter from his personal account, citing personal issues, and left the organization.

Day before yesterday, we found out through sources that he has joined another organization from Mar 2nd only and is working there. When we contacted him, he bluntly told us it's his wish to join any working place and we can't force him to serve the notice period. As per our records, he has left his ID card and Official Laptop in his workstation only, and there are no belongings with him. My question here comes:

Can we inform his current company about his unprofessional deeds?

1. Can we, as HR personnel, inform his current company about his unprofessional deeds? If yes, then what process should we follow?

Is there any provision to penalize or blacklist him?

2. Is there any provision to penalize or blacklist him to prevent him from causing issues at other companies?

Please enlighten and suggest if doing so can help us.

Thanks,
Surekha

Dear Surekha, This is a case of abandonment of employment. However, you have not mentioned the terms of separation that you have included in the employee's appointment letter. Otherwise, replies to your questions are as below:

1. Can we as HR personnel intimate his company where he is working about his unprofessional deeds? If yes, then what process should we follow?

Reply: Technically, he is still an employee of your company. Therefore, you may send a letter to the employee about unauthorized absence to his residential address. Yes, a copy of this letter may be sent to the MD of the company he has joined. You may request the MD to direct him to your company to complete the separation formalities. I am recommending this because to fill the vacancy, HR of that company might have taken him on board even without a proper experience-cum-service letter. Let the MD come to know about the flawed recruitment practice that his HR adopts.

2. Is there any provision to penalize or blacklist him to avoid him giving hits to other companies?

Reply: You may debar him from taking reemployment in your company, but you cannot stop an employee's future career opportunities because of this misconduct.

Final comments: Notwithstanding my reply about your first question, in case the employee has joined with the consent of the MD, then nothing can be done. Nevertheless, to complete the administrative procedure, order a domestic enquiry. If the employee fails to appear before the enquiry, order it once more. If he fails to appear the second time also, then you may take an ex parte decision and remove him from the rolls of the company. When you order the enquiry, send the letters through RPAD. Retain the correspondence in his file. If you follow this procedure, then you will be able to protect yourself from future litigation of any kind.

Thanks,

Dinesh Divekar

Dear Dinesh,

Thank you for enlightening us. We have sent letters to the employee, who has already refused to join us, stating it's his decision. He has resigned of his own will due to the misbehavior he experienced from his seniors. He says he will never return to the company and has threatened to commit suicide. He claims he will report in a note that he is doing so due to our pressure. He further states that he has not committed any crime, nor has he stolen anything. He has returned all his assets. He simply does not want to work with us and is prepared to take legal action with his case of harassment against us.

Your Second Question:

No, we have a standard agreement that either party can terminate services by giving 90 days of written notice or the required amount for termination. He states that he does not have the funds and does not want the relieving letter. He will show himself as jobless for the period but will not accept our letter.

This is the situation. Please advise on what can be done regarding his actions.

Thank you,
Surekha

One must see whether this act is affecting the company. Will his running away be a bad example to other employees? Shri Dinesh has clearly mentioned what all actions to be taken. Adequate legally covered paperwork is needed to protect the interests of the company. Any changes in appointment order/terms and conditions can also be thought of now for addition.

Purely agreed with Mr. Dinesh,

1. You can email the MD of the company he has joined and inform them about his unprofessional attitude.

2. You can blacklist the employee from your organization. However, you cannot prevent him from seizing future opportunities.

Addressing the Absconding Employee Issue

Notwithstanding the threat given by the absconding employee, you may still pursue the matter and order the domestic inquiry. If the matter is not taken to a logical conclusion, it will send the wrong signal to the existing employees. Employees are free to pursue other opportunities after quitting the company, but they must fulfill the conditions of employment specified in the appointment letter. Otherwise, what is the use of including conditions of separation in the appointment letter?

By reading the replies given by the employee, he appears to be extremely frustrated. The incident calls for introspection. Is this a case of poor recruitment? Was the employee unfit to execute the duties but still recruited to fill the vacancy? Did something like this happen in this case?

Investigating Internal Issues

Internally, you must find out the reasons for his frustration. Did his manager give him roughshod treatment? If yes, then why did it go unnoticed? Are there unreasonable targets, and to meet the targets, do managers bring pressure on their juniors?

Is the absconded employee in contact with other employees? If yes, then what steps are you taking to avoid him gaining their sympathy?

Thanks,
Dinesh Divekar

Dear Surekha,

Have you given his salary? If yes, then you should not have done that. Isn't there any kind of appointment letter that discloses his notice period and all? According to your information, this happened a month back so I don't think his new MD will take any action against him. However, you can still make him aware so that he can take some action.

Thank you.

What will be the final outcome of the domestic enquiry? Maximum you can terminate his service. He has already submitted his resignation. And as per the appointment order, if the notice period can be deducted, the same may deduct from his final settlement even now. Moreover, if an employee is not comfortable working with us, it is better to let him go at the earliest.