Dear All,
If a worker in a company is selected for employment and completes his Probation Period and is confirmed. After confirmation, the company verifies his educational certificate with the institute and finds a false certificate after verification from the Institute. Can we terminate him immediately?
Please suggest your opinion. If possible, please provide us a draft termination letter for the same.
An early reply will be highly appreciated.
Thanks,
Sorabh :-P
From India, Lucknow
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If a worker in a company is selected for employment and completes his Probation Period and is confirmed. After confirmation, the company verifies his educational certificate with the institute and finds a false certificate after verification from the Institute. Can we terminate him immediately?
Please suggest your opinion. If possible, please provide us a draft termination letter for the same.
An early reply will be highly appreciated.
Thanks,
Sorabh :-P
From India, Lucknow
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Yes there is no hick up in termination of such employee immediately.Pls proceed. Yours Samit.
From India, Delhi
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1From India, Delhi
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You can terminate him on the ground of misrepresentation or false statement. Regards Pankaj Chandan
From India, New delhi
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From India, New delhi
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Yes, you can, provided there is a clause in the appointment letter or application to that effect. For example, "Notwithstanding the above, ANA reserves the right to terminate employment without prior notice in the case of:
1. Gross misconduct
2. Evidence of false information provided on your application
3. Conviction of a criminal offence" was found at http://ana-nursing.co.uk <link updated to site home>.
A professor at a UK university had his appointment terminated as he had claimed he had published papers in international journals that were not true.
Simhan
A retired academic in the UK
From United Kingdom
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1. Gross misconduct
2. Evidence of false information provided on your application
3. Conviction of a criminal offence" was found at http://ana-nursing.co.uk <link updated to site home>.
A professor at a UK university had his appointment terminated as he had claimed he had published papers in international journals that were not true.
Simhan
A retired academic in the UK
From United Kingdom
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Hi Saurabh,
This is Shimit. According to my thinking, first, search to see if he is performing or not. If his performance is up to the level, then there is no need for termination because all that matters is PERFORMANCE. So, think about it, but don't leave him. Penalize him for that because if you will not take any action against him soon, he will be on top of your head!
Take care.
Regards, Saurabh
From India, Banga
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This is Shimit. According to my thinking, first, search to see if he is performing or not. If his performance is up to the level, then there is no need for termination because all that matters is PERFORMANCE. So, think about it, but don't leave him. Penalize him for that because if you will not take any action against him soon, he will be on top of your head!
Take care.
Regards, Saurabh
From India, Banga
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Hi,
I tend to disagree on the point. A lie is a lie. If an employee can lie on such a basic thing, can you trust him in his job? I will not continue with him despite his "performance". Is there no value to authentic certificates that people get by studying? I would dismiss him or report him to the institute and ensure he is behind bars, or at least let him know what the consequences of such actions are so that he doesn't repeat it.
Warm Regards, Divya
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From India, Mumbai
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I tend to disagree on the point. A lie is a lie. If an employee can lie on such a basic thing, can you trust him in his job? I will not continue with him despite his "performance". Is there no value to authentic certificates that people get by studying? I would dismiss him or report him to the institute and ensure he is behind bars, or at least let him know what the consequences of such actions are so that he doesn't repeat it.
Warm Regards, Divya
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From India, Mumbai
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Hi Sorabh, Ya u have the rgt to terminate him, but, keeping his career in mind, you can ask him to resign.....Ball is in ur court.......do update us in this regard......Keep rockin.......
From India, Mangaluru
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From India, Mangaluru
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Hi Divya,
What I'm trying to say is, for an employee, the company comes first. Its performance comes first no matter what the thing is. If a person is performing in the right way and commits a mistake, they should be punished but should not be terminated because it will demotivate them in their life. We are HR managers, and for us, employees' careers and performance matter.
It's your choice, my view is this only.
Take care.
From India, Banga
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What I'm trying to say is, for an employee, the company comes first. Its performance comes first no matter what the thing is. If a person is performing in the right way and commits a mistake, they should be punished but should not be terminated because it will demotivate them in their life. We are HR managers, and for us, employees' careers and performance matter.
It's your choice, my view is this only.
Take care.
From India, Banga
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This is an integrity issue. Providing fake documents or false information is totally unacceptable. It is agreed that HR professionals are there to guide and support employees in all possible ways. However, there shouldn't be any compromise on integrity.
From India, Hyderabad
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From India, Hyderabad
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Dear,
A show-cause notice must be served upon the affected employee before making the decision of termination. You should also review the standing orders and the appointment letter issued to him.
Regards,
R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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A show-cause notice must be served upon the affected employee before making the decision of termination. You should also review the standing orders and the appointment letter issued to him.
Regards,
R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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You can do one thing... If you want to terminate the employee, you can do it easily because he has not submitted his original documents. So, there is nothing wrong with terminating that employee. Don't worry, nothing will happen; the ball is in your court!
From India, Banga
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From India, Banga
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yes i am agree with shimit firstly you should focus on his performance. if it is good then there is no need to terminate him....... Ragards Gahelot HR Executive
From India, Delhi
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From India, Delhi
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Dear [Recipient],
Immediate action is required to suspend his job based on your verification report (with objective evidence) and issue a notice to him promptly, informing him about the fake certificate he submitted. Upon receiving his response, if he fails to prove his authenticity, you may proceed with immediate termination.
Please ensure he does not enter the factory premises or interact with anyone other than HR/Admin/Top management.
Kindly also refer to your company's standing orders/policies for guidance on disciplinary actions, termination procedures, and suspension processes.
Best Regards,
Sajid Ansari-Delhi
From India, Delhi
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Immediate action is required to suspend his job based on your verification report (with objective evidence) and issue a notice to him promptly, informing him about the fake certificate he submitted. Upon receiving his response, if he fails to prove his authenticity, you may proceed with immediate termination.
Please ensure he does not enter the factory premises or interact with anyone other than HR/Admin/Top management.
Kindly also refer to your company's standing orders/policies for guidance on disciplinary actions, termination procedures, and suspension processes.
Best Regards,
Sajid Ansari-Delhi
From India, Delhi
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Hi Sourabh,
My views are as follows:
If the concerned employee is a worker, he is guided by the Standing Orders. You should conduct a proper domestic enquiry before terminating him from the services of the company, giving him a fair opportunity to present his case. By doing so, there will be no violation of the principles of natural justice.
From India, Jamshedpur
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My views are as follows:
If the concerned employee is a worker, he is guided by the Standing Orders. You should conduct a proper domestic enquiry before terminating him from the services of the company, giving him a fair opportunity to present his case. By doing so, there will be no violation of the principles of natural justice.
From India, Jamshedpur
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The employee should be immediately terminated & matter must be reported to police for further legal action.Integrity & honesty MUST be above performance at any time,
From India, Mumbai
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From India, Mumbai
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Dear Sender Being the employee is not trust worthy, appropriate action can be taken, including termination of service LK
From India, Madras
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From India, Madras
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Hi,
Well, just to help you out, I have an attempt below.
What I feel is you should answer the following questions before you decide to terminate him or retain him:
1. What significance does 'qualification' in the resume hold for your organization, i.e., both basic and desirable?
2. What part of 'value' weightage does integrity hold in your organization?
3. How would other employees react if they knew this, and what impact would it have on the overall organizational performance?
4. What effect will it have on your 'employer brand' if the person continues to remain in the organization?
5. Even if he continues in the organization, what is the guarantee that he will not repeat the same? Remember, corporate governance is now the top topic, where ethics are quite stressed.
6. What are the costs that have been incurred now on the person so far?
Kindly consider these questions and think from a long-term perspective before making a decision. Also, bear in mind that the value system defines culture, and that's what the organization wants the employees to follow. So, follow it yourself first. :)
From India, Secunderabad
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Well, just to help you out, I have an attempt below.
What I feel is you should answer the following questions before you decide to terminate him or retain him:
1. What significance does 'qualification' in the resume hold for your organization, i.e., both basic and desirable?
2. What part of 'value' weightage does integrity hold in your organization?
3. How would other employees react if they knew this, and what impact would it have on the overall organizational performance?
4. What effect will it have on your 'employer brand' if the person continues to remain in the organization?
5. Even if he continues in the organization, what is the guarantee that he will not repeat the same? Remember, corporate governance is now the top topic, where ethics are quite stressed.
6. What are the costs that have been incurred now on the person so far?
Kindly consider these questions and think from a long-term perspective before making a decision. Also, bear in mind that the value system defines culture, and that's what the organization wants the employees to follow. So, follow it yourself first. :)
From India, Secunderabad
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Hi,
Lets take it the other way. A employee joins as HRD exec. but actually to some other work say managing car fleet. Will he be happy. Isnt the compnay cheated him. If u can lie on basic thing it becomes very difficult for me to trust him after that. And about employee getting demotivated its his deed so he has to bear the consequences. Performace does matter but not in this fashoin. Well its my opnion I dont intend to force it on any one.
Warm Regards,
Divya
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From India, Mumbai
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Lets take it the other way. A employee joins as HRD exec. but actually to some other work say managing car fleet. Will he be happy. Isnt the compnay cheated him. If u can lie on basic thing it becomes very difficult for me to trust him after that. And about employee getting demotivated its his deed so he has to bear the consequences. Performace does matter but not in this fashoin. Well its my opnion I dont intend to force it on any one.
Warm Regards,
Divya
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From India, Mumbai
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Yes, you can terminate him based on providing fake documents. But you should terminate the HR person who handle the recruiting too.
From Thailand, Bangkok
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From Thailand, Bangkok
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The employee who has been guilty of misrepresentation and fraud must be terminated. Moreover, if such misrepresented information formed the basis of the decision to appoint him, there is complete legal backing for termination or forced resignation.
From Australia
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From Australia
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I would like to say that if any employee is furnishing wrong information or producing wrong information at the time of joining, they should be terminated. Whether this is by mutual or written consent between the employer and employee.
Go ahead........
Rakesh Kashyap
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Go ahead........
Rakesh Kashyap
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I would like to know some more details before commenting on anything; When did he join your organization, i.e., how much time do you take in verification? At what level has he joined? Please share this for more clarity.
From India, Gurgaon
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From India, Gurgaon
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I think that for the point of view of company’s aim i.e. is revenue generation and if employee’s performance is upto the level than no need to terminate him.
From India, Lucknow
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From India, Lucknow
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Well Saurabh what I will say is ,the way ur employee enered the organisation is not a wright way , What Ithink you should terminate him. With Regards, kamya Sachdeva
From India, New Delhi
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From India, New Delhi
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Sure, you can terminate him! There are two parts to be considered. He is fit for the profile. It's a big loss if you throw him out. If you didn't do it, you all are fools in front of that employee, as you are cheated by him.
Though you caught him, you are not able to throw him out. There must be a psychological complex and its side effects until you counsel him properly. If he performs well, don't throw him out. Instead, train him properly. Counsel him and give him a warning that he will be terminated once his performance goes down a bit.
That's my view. Let's listen to others for better solutions if any.
From Qatar, Doha
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Though you caught him, you are not able to throw him out. There must be a psychological complex and its side effects until you counsel him properly. If he performs well, don't throw him out. Instead, train him properly. Counsel him and give him a warning that he will be terminated once his performance goes down a bit.
That's my view. Let's listen to others for better solutions if any.
From Qatar, Doha
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In my opinion, the employee should be asked to resign. This will save his career for future opportunities, and a signal will be sent to other employees that integrity will not be compromised even if performance is high. After all, we as HR managers have to create a healthy work environment without compromising on either parameter.
Regards,
Juhi
From India, Mumbai
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Regards,
Juhi
From India, Mumbai
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Sorab That is grounds for immediate dismissal. The employee misrepresented himself. Angela.
From Trinidad and Tobago, Chaguanas
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From Trinidad and Tobago, Chaguanas
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Yes, you can definitely terminate his service. Even though you were not able to discover the falsity of the education certificate at the time of appointment, now that you have found out, you have every reason to terminate his service. I'm sure there must be a clause in the Employment Agreement that he has been appointed on the representation given by him and believed to be true by the company. This is sufficient enough to base your grounds for termination.
From India, New Delhi
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From India, New Delhi
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Thank you very much for your suggestions. I will definitely update you regarding the action taken by the management. I have one more request for all: please send me a draft copy of the termination letter for reference.
Thanks,
Sorabh
From India, Lucknow
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Thanks,
Sorabh
From India, Lucknow
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This is a criminal and punishable offence. i.e. cheating and forgery. He can be terminated vinodkumar
From India, Gandhinagar
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From India, Gandhinagar
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Dear,
First, you need to give a 15-day notice to submit an explanation on the production of a false certificate. His services were regularized based on performance, but he joined with fake certificates. Additionally, a criminal case is to be registered against him at the police station for producing a fake certificate. After receipt of the explanation within 15 days, his services are to be terminated as per the law. If he has not submitted his explanation, you can terminate him as per procedure. Several Apex Court judgments have clarified that before terminating an employee, you should give them a chance to submit their views; otherwise, legal complications may arise. Your action should be as per the rules but not precedents.
GK
From India, Nellore
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First, you need to give a 15-day notice to submit an explanation on the production of a false certificate. His services were regularized based on performance, but he joined with fake certificates. Additionally, a criminal case is to be registered against him at the police station for producing a fake certificate. After receipt of the explanation within 15 days, his services are to be terminated as per the law. If he has not submitted his explanation, you can terminate him as per procedure. Several Apex Court judgments have clarified that before terminating an employee, you should give them a chance to submit their views; otherwise, legal complications may arise. Your action should be as per the rules but not precedents.
GK
From India, Nellore
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