Hi, can someone give their views on this incident? I run a training company that caters to schools and colleges, for which I have hired a female freelance trainer for a 2-day project. However, she engaged in unethical behavior by directly exchanging her contact number with the client and also insulted my Training Head in front of the client's team.
I have requested her to send an apology for her actions. However, she has threatened me, stating that she will not do so and will file a case for harassing a trainer.
What should I do in this situation? I would appreciate your valuable inputs.
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2I have requested her to send an apology for her actions. However, she has threatened me, stating that she will not do so and will file a case for harassing a trainer.
What should I do in this situation? I would appreciate your valuable inputs.
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As Mr. Dhruv said, he is right. Do you have any paperwork stating that she was working on behalf of your company, along with the agreement, terms, and conditions? Then you can take action against her by sending her a show cause letter for the same. Also, if you have your company people with you to stand by you, then she can't do anything because she also needs to produce some evidence for the same. Nowadays, there are many fake cases of harassment filed by women, so the law agency keeps that in mind. Also, I believe you are with your clients for a good time, and they want what is best for them...
From India, Delhi
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From India, Delhi
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Establishing Clear Agreements for Freelancers
First of all, in the future, ensure you get an agreement signed that defines your terms and conditions. This agreement should include a minimum term of two years and a clause stating, "You will not take up directly or in any other way this type of business or profession," which can be provided to you upon request.
You can ask for an apology or issue a letter only if you have some written terms and conditions signed by her.
Regards,
From India, New Delhi
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First of all, in the future, ensure you get an agreement signed that defines your terms and conditions. This agreement should include a minimum term of two years and a clause stating, "You will not take up directly or in any other way this type of business or profession," which can be provided to you upon request.
You can ask for an apology or issue a letter only if you have some written terms and conditions signed by her.
Regards,
From India, New Delhi
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In the agreement you have signed, is the term "Unethical behaviour" defined? If so, does the exchange of contact numbers constitute unethical behaviour? Is the contract for a one-time assignment or a fixed period of time? If it's a fixed period, does it restrict any other form of work as Avtaryadaya mentioned? In today's world, where one can easily use the internet to find information, you would have to prove that numbers were exchanged and that it was against the SIGNED agreement. To my mind, I don't think you can stop this.
On the second count of insulting your Training Head, make sure you have complete facts before taking action. You can always terminate her agreement after getting another trainer.
Regards,
From India, Mumbai
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On the second count of insulting your Training Head, make sure you have complete facts before taking action. You can always terminate her agreement after getting another trainer.
Regards,
From India, Mumbai
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I think you are barking up the wrong tree. While hiring freelancers has a lot of advantages, it also has its own set of disadvantages or limitations, one of which you mentioned. No matter how strong your documentation is, it is never as easily implementable as it is for an employee.
Rather than focusing on this freelancer, suggest focusing on your client - why did they allow any of their employees to take her contact numbers without your knowledge? Make your agreement with them (or any other client) ironclad with specific clauses addressing such possible situations.
I suggest taking up the issue with them and expressing your displeasure, preferably in writing, to have a record of it.
Regarding your mention of 'unethical behavior' in your agreement with the freelancer, suggest rewording it to clearly mention the types of behavior you object to. The definition of 'unethical behavior' can always be contested - why leave room for such a situation at all?
Also, suggest linking such behavior with some sort of monetary penalty in the agreement itself, like forfeiture of the payment for that assignment, etc. This will make the clause very focused along with the consequences of such actions by any freelancer you may hire in the future.
It's like telling a kid 'Don't do this' and expecting adherence to the rule. What if we tell the kid 'Don't do this or else you lose the ice-cream' (or whatever the kid likes the most)? Which approach ensures better adherence? I hope you understand - it's just simple human psychology.
All the best.
Regards,
TS
From India, Hyderabad
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Rather than focusing on this freelancer, suggest focusing on your client - why did they allow any of their employees to take her contact numbers without your knowledge? Make your agreement with them (or any other client) ironclad with specific clauses addressing such possible situations.
I suggest taking up the issue with them and expressing your displeasure, preferably in writing, to have a record of it.
Regarding your mention of 'unethical behavior' in your agreement with the freelancer, suggest rewording it to clearly mention the types of behavior you object to. The definition of 'unethical behavior' can always be contested - why leave room for such a situation at all?
Also, suggest linking such behavior with some sort of monetary penalty in the agreement itself, like forfeiture of the payment for that assignment, etc. This will make the clause very focused along with the consequences of such actions by any freelancer you may hire in the future.
It's like telling a kid 'Don't do this' and expecting adherence to the rule. What if we tell the kid 'Don't do this or else you lose the ice-cream' (or whatever the kid likes the most)? Which approach ensures better adherence? I hope you understand - it's just simple human psychology.
All the best.
Regards,
TS
From India, Hyderabad
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Forget about the incident. Why? You have hired a freelancer for 2 days. After 2 days, she is not reportable to you nor is she your employee. Exchanging contact numbers is not a crime; it's professional as well as social. Laws are heavily loaded in favor of females. One action (though not true) will make your living difficult. Furthermore, when you sign agreements in the future with your clients, ensure that you insert a clause protecting you and your organization.
Regards,
Virendar Matta
From India, Jhansi
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Regards,
Virendar Matta
From India, Jhansi
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Moving Forward from Setbacks
Revenge is a waste of time. You know how to run your business. Why worry about just one client? Let it go! You have the guts and skills to attract multiple clients to your organization. When one door of opportunity closes, just forget it and keep moving forward. Many doors might be waiting with multiple opportunities.
Learning from Failures
However, learn a lesson from your failures: "To increase the rate of success, double the rate of your failures."
Don't waste your time on just one freelancer. Trust your skills and keep moving forward. Invest the same amount of time in acquiring new clients; you will gain permanent clients instead of spending your valuable time seeking revenge against a freelancer. Let them go. Forgive them. Take it lightly. Show mercy. You will be happy at the end of the day!
From India, Bangalore
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Revenge is a waste of time. You know how to run your business. Why worry about just one client? Let it go! You have the guts and skills to attract multiple clients to your organization. When one door of opportunity closes, just forget it and keep moving forward. Many doors might be waiting with multiple opportunities.
Learning from Failures
However, learn a lesson from your failures: "To increase the rate of success, double the rate of your failures."
Don't waste your time on just one freelancer. Trust your skills and keep moving forward. Invest the same amount of time in acquiring new clients; you will gain permanent clients instead of spending your valuable time seeking revenge against a freelancer. Let them go. Forgive them. Take it lightly. Show mercy. You will be happy at the end of the day!
From India, Bangalore
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My Take on the Situation:
• Regardless of the duration of the engagement of the mentioned freelance trainer, adherence to the agreed terms and conditions (T&C) of appointment is expected.
• Failure to abide by the T&C means you have the right to take actions (including unilateral termination of the contract of appointment) and to take legal action to recoup any financial losses.
• What constitutes unethical behavior by the freelance trainer? Are these behaviors properly spelled out (including the prohibition of the trainer to exchange business cards with your clients), without which you have no standing to take any legal action.
• If you plan to take legal action, what monetary losses have you suffered? If not, why incur legal costs without claiming any financial losses?
• Consider it a "good" learning lesson in doing business with a freelance trainer and be smarter the next time around.
• Ask yourself, does exchanging the trainer's business card help to build or curtail your business relationship with your clients?
• How about making a business card for your freelance trainer where all future contacts are through your office (in this way, your client will not be able to contact your freelance trainer directly, essentially avoiding bypassing you to get business for the freelance trainer).
All the best to you!
Regards,
CTFoo
From Malaysia, Ampang
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• Regardless of the duration of the engagement of the mentioned freelance trainer, adherence to the agreed terms and conditions (T&C) of appointment is expected.
• Failure to abide by the T&C means you have the right to take actions (including unilateral termination of the contract of appointment) and to take legal action to recoup any financial losses.
• What constitutes unethical behavior by the freelance trainer? Are these behaviors properly spelled out (including the prohibition of the trainer to exchange business cards with your clients), without which you have no standing to take any legal action.
• If you plan to take legal action, what monetary losses have you suffered? If not, why incur legal costs without claiming any financial losses?
• Consider it a "good" learning lesson in doing business with a freelance trainer and be smarter the next time around.
• Ask yourself, does exchanging the trainer's business card help to build or curtail your business relationship with your clients?
• How about making a business card for your freelance trainer where all future contacts are through your office (in this way, your client will not be able to contact your freelance trainer directly, essentially avoiding bypassing you to get business for the freelance trainer).
All the best to you!
Regards,
CTFoo
From Malaysia, Ampang
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Exchanging Contact Numbers with Clients
Exchanging contact numbers with your client is not unethical. You cannot restrict anyone on this. As a member has posted, it is a social gesture. The only thing you can do is set a condition that the freelancer should not engage in direct business with your client.
Handling Insults and Apologies
She insulted your Training Head in front of the client team. She is not going to send an apology email to the client or to you. Even if she does, it is not going to make any difference. It all depends on how strong your relationship is with your client.
Moving Forward
Don't waste your time on this. Take it as a learning experience and move on.
From India, Chennai
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Exchanging contact numbers with your client is not unethical. You cannot restrict anyone on this. As a member has posted, it is a social gesture. The only thing you can do is set a condition that the freelancer should not engage in direct business with your client.
Handling Insults and Apologies
She insulted your Training Head in front of the client team. She is not going to send an apology email to the client or to you. Even if she does, it is not going to make any difference. It all depends on how strong your relationship is with your client.
Moving Forward
Don't waste your time on this. Take it as a learning experience and move on.
From India, Chennai
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