Facing Job Loss Due to Nepotism Policy: How Can I Prove I Disclosed My Sister's Employment?

Hello Sir, I joined the company in 2020, and my sister had been married for 10 years and was living with her in-laws. However, in 2022, she also joined the same company. Her reporting supervisor approached me as I was managing a team of 28 people. In October 2024, HR contacted us and informed us that, according to the nepotism policy, we could not continue working together. We were asked to resign immediately, and all our IDs were deactivated.

Although my name and my sister's name did not match, our mother's name, as per the documents, was the same, serving as proof of relationship. When my sister joined, I had informed HR and the manager, but they have since left the organization. Therefore, I do not have any evidence to provide that confirms I had previously disclosed the relationship. Could you please assist me with this matter?

Understanding Nepotism in Employment

Nepotism means obtaining employment for a relative by influencing or using power. If you used such influence for your sister, the management could terminate either or both of you. However, the management cannot ask you to resign without any proof of nepotism. If your influence in the company was significant enough to impact the appointing authority and secure a position for your sister or relatives, only then would the charge of nepotism be valid.

On the other hand, if you had no sway in HR or the appointing authority and did not manipulate the situation for your sister to secure a job, but she applied, attended an interview, and was selected based on her qualifications and performance, the management cannot take action merely because she is your relative. Furthermore, the nepotism policy should be in place at the time of her appointment. After two to three years of service, the management cannot suddenly take action against your sister. Defend this stance.

Dear ARF Khan,

Thank you for raising this important issue on CiteHR. I understand you and your sister were both employed by the same company, and following the discovery of a familial relationship (via your mother's maiden name), you were both summarily dismissed in October 2024.

I note that you are posting about this incident three months after it occurred. While I understand that these situations can be distressing and it may take time to seek advice, it would be helpful to understand why there has been a delay in addressing this matter publicly.

The actions taken by your former employer raise serious concerns regarding due process and fair treatment. Dismissing employees with immediate effect and locking their access without any prior consultation or opportunity to respond is highly irregular and suggests a lack of adherence to standard HR practices.

While many organizations have nepotism policies, these policies are typically implemented with a degree of sensitivity and consideration. A common approach is to allow the affected parties a reasonable period to decide how to proceed, which may involve one individual seeking alternative employment within the company or elsewhere. The abrupt nature of your dismissal, without any such option, appears disproportionate and raises questions about the true motivation behind the company's actions.

You mentioned that your sister informed HR and her manager of your relationship when she joined the company. Although these individuals have since left the organization, their awareness of the situation at the time is a crucial point. Do you have any documentation, such as emails or internal communications, that might corroborate this? Even if you don't have direct proof, could you provide the names of the HR representative and manager who were aware of the situation? This information could be relevant if you decide to pursue legal action.

Furthermore, it is important to understand whether any other factors contributed to your dismissal. Were there any performance concerns, disciplinary issues, or allegations of misconduct? The fact that your IDs were locked immediately suggests a level of suspicion that goes beyond a simple application of a nepotism policy. Was there any suggestion of impropriety or collusion between you and your sister?

Finally, while this forum can provide general advice and support, it cannot replace professional legal counsel. If you consider it appropriate, then you may consult with a lawyer as soon as possible to discuss your specific circumstances and explore your legal remedies.

Thanks,

Dinesh Divekar

Dear ARF Khan,

In my opinion, do not resign from your end. It is understood from your post that there are no rules or policies in your company that restrict the employment of kin or relatives. The nepotism your HR is referring to seems to be their own interpretation. Nepotism is about behavior and actions, particularly when someone gives undue favor to their own people, ignoring others and quality.

Dear ARF Khan,

In my opinion, do not resign from your end. It is understood from your post that rules or policies do not exist in your company that restrict the employment of kin or relatives from the posting. The nepotism, what your HR is saying, is their brainchild. Because nepotism lies with behavior and action, if one does so to give favor to his/her man ignoring others and quality.

I believe there was no domestic inquiry conducted and/or an opportunity provided for you to explain your viewpoint. In addition, the nepotism policy was not indicated to you, which is relevant. Without this, the action of your company is illegal.

I also believe you have been handed at least three reviews by now, and they have been satisfactory as far as your performances are concerned. I feel the insistence on resignation is unwarranted, unethical, and illegal. You have to take all possible measures to protect your interests.

Hi Mr. Khan,

Let me understand. You and your sister were working in the same company. She was reporting to you, which you allowed, and HR allowed. If she reported the matter to HR, then there must be some proof (email, etc.). So, either neither of you reported and informed HR, or it was done orally. Or perhaps your sister just told them you work here, and no one informed your manager when she was placed in your team. I suspect you also did not inform him.

I suspect someone complained to HR; otherwise, they would not have found out 2 years later. Furthermore, you have been inactive on this issue for 4 months. Did you take any action on it? You have not stated the same.

Dear Madhu,

"In 2022, she joined the same company, and her reporting supervisor came to me as I was managing a team of 28 people."

I think he means he became her reporting supervisor.