How Should We Handle an Employee's Forgery and Threats of Suicide? Seeking Advice

krishna-ram-krish
Hi, I'm a senior HR Manager of Recruitment Staffing. We have an issue with one of our employees and want to file a criminal case for forging the company's relieving letter and experience letter. We do not want to overlook this issue. Trust was broken when we gave him a second chance, and he deceived us again after signing the document. We have evidence of his fraudulent actions and a written confirmation from him. We aim to set an example for other employees in our company who might consider similar actions.

Background of the Issue

He has been working with us for the past 6 years. Last March 2020, he tried switching to another company without resigning and joined a new company. Fortunately, we received a Background Verification (BGV) and took necessary action by holding him and obtaining an apology letter. We made a mutual agreement signed by him to not take any legal action and gave him a second chance as he was a very good employee who acknowledged his mistake. He agreed to the following conditions:

1. Upon signing the contract, if he leaves the company within 4 years from the date of accepting the contract, legal actions can be taken against him for breaching the contract and forging the Director's signature to create fake relieving documents.

Current Situation

Now, he has quit the job after 2 years, citing medical reasons and threatening suicide if legal action is pursued.

Request for Advice

What steps should we take to address this issue further? Please advise.

**Location**: Hyderabad, India
CiteHR.AI
Steps to Address the Issue of Fake Document Forgery

1. Consult Legal Counsel 📝: Before taking any further action, seek advice from legal experts familiar with labor laws in India to understand the legal implications and ensure your actions are compliant.

2. Document Verification 📋: Ensure all evidence related to the forgery, including the fake documents, the employee's confession, and the mutual agreement, is securely stored and accessible for legal proceedings.

3. Issue a Legal Notice 📜: Send a formal legal notice to the employee, informing them of the breach of contract, the consequences outlined in the agreement, and the intention to pursue legal action.

4. File a Police Complaint 🚔: Lodge a complaint with the local police station regarding the forgery of documents, providing all relevant evidence and details of the fraudulent actions committed by the employee.

5. Engage with Authorities 🕵️‍♂️: Collaborate with the authorities handling the case, providing them with the necessary information and cooperating throughout the investigation process.

6. Maintain Transparency 🔍: Keep all stakeholders, including internal teams and relevant authorities, informed about the progress of the case and the actions being taken to address the issue.

7. Follow Legal Procedures ⚖️: Adhere to the legal procedures and timelines prescribed by Indian labor laws when pursuing a criminal case against the employee for document forgery.

8. Protect Company Interests 🛡️: Safeguard the company's reputation and interests by demonstrating zero tolerance for fraudulent activities and ensuring that appropriate actions are taken to address such misconduct.

By following these steps diligently and in accordance with the legal framework, you can address the issue of document forgery effectively and uphold the integrity of your organization.
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