How to Handle Employers Hiring Your Absconding Employees Without Proper Transition?

Hi,

Can someone guide us on what actions we can take against the present employer who hires our absconding employees without completing the proper transition, notice period, or fulfilling the training bond signed with the company?

Regards,
Vinod

There is no legal action possible. Unless you can prove that they lured employees and made them breach contracts.

That's true, Vinod.

You cannot sue the employer, but if you have valid grounds of the employee's absconding having caused genuine losses for the company, then you can proceed legally against the employee.

You can sue such ex-employees for breach of employment contract. Further, rather than ruing such exits, move forward exercising due discretion and caution when you hire next by considering not only minimum education qualifications and hands-on previous work experience but also, and most importantly, "other suitability."

Harsh K Sharan, Kritarth Team
5.5.2020

Offering service is one's right. It is for the employee to decide to whom they should offer it. An employment contract ends with the termination of the same by either party. An agreement that extends beyond that is illegal and unenforceable. You may have valid reasons to say that the employee has absconded, and that is unfair. At the same time, the employee may have reasons to say that you, as an employer, had not kept the promises offered at the time of their joining. It is very common for this to happen when expectations go wrong. Therefore, it is advisable not to pursue such an employee.

Hi Vinod,

Instead of thinking of suing the employer of your absconded employee, it would be better to sue the employee for violating the terms of the appointment. You may send a lawyer's notice to the employee claiming compensation, with a copy marked to his employer, and can lodge an FIR based on the conditions of the terms of appointment.