gopinath varahamurthi
175

Dear Friends,
It seems, The interview was carried out without due diligence, still the content of selecting the person is not clearly fit to the recruitment process, anyhow happened with bad taste that the institution understand the person into the organisation neither fit nor good for the post of selection.
1) Enquiring about salary and other things is not a crime, each other employee interacted/communication with others by the employee must have attracted in sense. In fact, the employees expressed their desires and displeasure to the newer one and got suggestion, a surprise and real issues erupted.
2) The new employee got in touch with HOD with notorious intention and it appears so, clearly speak he got the complete history of the organisation in the process, where the weak shell exposed.
3) Now, the question is investigations reveal the employee was not a prominent one with the previous employer.
4) Please call on the employee directly into the cabin and get an interview done for the suitable post with a set of questionaire, where in we ask three questions about to the employee :
First SET of Questions
A) Whey he left/resigned the previous job?
B) The reasons for leaving the previous job?
C) What are the difficulties he faced in the previous job personally and with the organisation goals?
Second Set of Questions :
D) What is the future plan in the new organisation?
E) What is his special skills that the new organisation can use for the benefit and for the development?
F) What are his views in coming into the new organisation?
Third Set of questions :
G) When some one gossiping in the working place what would the employee do to get into the person?
H) When some one given false certificates about relief from previous employment what would be the action to be initiated?
I) Is it right some one outside the organisation can interfere in the working place?
These are difficult questions, yet, form the employee and trap him to get the relief.
Organisation is the most important over the self ...

From India, Arcot
arunachala nataraj
8

Does your offer have the terms and conditions that if any of the declarations made by the applicant is false or found to be incorrect then the services can be terminated immediately without any other reason? Then issue the offer letter and and take the acknowledgement of the candidate on the copy that he has agreed to all the terms and conditions of the offer. Then after finding out his previous employers report that he has produced fake ones or if the report is not satisfactory, simply terminate him by quoting the clause of the offer of appointment. Let him go to legal procedure.
From India, Mysore
globaloverseas144
46

Fire immediately if his previous company relieving documents are not genuine.
From India, Delhi
bijay_majumdar
365

if the candidate is not appointed,then question of his termination does not arise at all.As regards to offer letter, if it has been accepted by candidate,then also his acceptance can be terminated if the documents are found fake. As regards to behavior of candidates, he can be immediately terminated of grounds of false behavior and as regards to legal suit etc, create enough witness and evidences and be prepared to fight back.Strict hiring process with strong clauses is what is needed to avoid future failures.
Thanks to all senior members to have special attention on this kind of issues and their valuable advice

From India, Vadodara
rahulsindhwan
7

Dear Ms. Aakansha,
You must have a clause in your offer letter regarding non-submission of relevant documents at the time of joining would prevent one to join the company.
It is around 15 days; you may issue a letter with three days time limit citing non-submission would lead to termination of employment.
Apart from this you must mention following things in your letter:
• Co. Permit him to join on his verbal assurance to submit documents with 5 days at
the time of joining.
• Repeated verbal reminder regarding submission of documents.
• As per company policy, you can’t issue appointment letter before submitting
required documents.
Then after three days, you may terminate his employment for non-submission of documents.
As per Schedule-I of Model standing order section 2 (b) his service is less than 3 months in such case you are not liable to pay any compensation except salary till date.
As per ID act, he has not completed 240 days service so his service is less than 1 year. This will limit his litigation chances.
If employee refuse to accept letter than you should send it (include this as well in letter at his residential address through register post and past the same on co. notice board.
Regards,
Rahul

From India, Varanasi
P.Agrawal
17

Just throw him out. His lawyer father is only threatening and cannot do much.
From India, Delhi
somnath prasad
3

Dear Ms. Akasha,
Under Below circumstances employment can be terminated?
There can be many grounds and reasons which can result in the termination of an employee which are as follows:
1. Inefficiency of an employee- If the employer finds that the employee is not efficient enough and is not adding to the growth and productivity of the business due to its poor and low performance, then it is a strong reason for the termination. Though generally this clause is not inserted in the contracts, but in recent times there is clause in the contract relating to achieving a specific target in a certain time period, which if not achieved can lead to termination.
2. If the Confidential Provisions of the Company are disclosed- It is the moral and legal duty of the employees to not to dispose any trade secret, confidential data, and discussions and policies to any third party who is not associated with the company, which in turn can lead to losses and damage to the business.
3. If there is breach of the employment contract- If the employee violates the terms and clauses mentioned in the contract and does not perform according to the conditions on the basis of which he was hired and posted at a particular designation, then the employer can use it as a strong reason for the retrenchment.
4. If there is any misconduct on the part of the employee- If the employee acts outside its authority and indulges in any improper behavior and misconduct which may cause loss, damage to the enterprise, then in those circumstances the employer can rightly terminate the employment contract.
The following case discusses the termination of an employee who acted outside its authority which can be counted as misconduct: State Of Uttar Pradesh And Anr vs Kaushal Kishore Shukla 1991 SCR (1) 29, 1991 SCC (1) 691 is an example
Thanks & Regards
Somnath Prasad

From India, Delhi
good_hr
8

Dear Friend,
I would just say that if there is threat form individual directly or indirectly to company or its individual employee than it's right thing to do is neutralized it. Keep all the evidence within your custody that could be (written complaint by other employees, false documents given at the time of joining to get this job, any suspicious act, any audio or video conversation which show he is provoking other employee to act against the interest of company or creating such hostile environment that employee are unable concentrate on work) When such evidence are collected then ask employee to give justified reply against complaints by other employee under principle of natural justices, if his reply are unsatisfactory you can take necessary action against him.
At the same time it human behavior which act differently. Sometime it’s cursorily to know something, sometime they are just pin-pointing someone just to enjoy them-self to see how the other person react.
If you are afraid of his father’s bluff to sue organisation, I don't understand if your company is not wrong than why to be afraid of anything.
Just do what is right thing… take advice of everyone and do take decision yourself to do right thing. Like its said "Only person who go hurt can feel the pain" & only you can understand the gravity of the situation.
All the best with your search for right thing to do…

From India, Rohtak
davidaktx
For the success of any organization it must get good productivity out of its employees. The challenge is that "Three in four employers estimate that workers waste at least 2 hours a day" (Poppick, 2016). So what is a business manager to do? Here is what I have learned so far:
1. Start by hiring only the best candidates. Even when you are desperate, a bad hire is worse than no one. A bad hire can cost you thousands of dollars or if really bad, your entire business. Find people that are driven to succeed, driven to make a difference and that you could see becoming a manager someday. Ask good questions in the interview that set expectations.
2. Be the example. It never ceases to amaze me how a manager or parent can expect the best out of others and expect so little from themselves. Go to church, read a good book, work on your deficiencies and become the person you desire to be. You will never be happy around others if you are not happy with yourself.
The Bible is clear on this topic, "Since you judge others for doing these things, why do you think you can avoid God's judgment when you do the same things?" Romans 2:3 (NLT).
3. Set clear ground rules with a well-written and thorough employee handbook. The use of social media, etc. at work must be strictly prohibited.
4. Remove the obstacles in their path that prevent them from performing at peak performance. Sometimes the biggest obstacle is the individual himself/herself. Employees that are well-treated and progressing toward a brighter future are less likely to screw it up.
5. Work with the human resources department on a clear disciplinary policy. Give employees clear documentation when they fall short of the standard, what changes are expected and by when. This will give them the opportunity to get better that you and they want. It will also help the moral of top performing workers as they see that excellence or at least best effort is the only acceptable standard. This will help the entire group perform better.
6. Finally, celebrate successes. Buy them a lunch. Hand out awards. Give them public recognition. Everyone wants to be special. In God's eyes we all are. Why should we treat them any differently.
God Bless,
David Kasbohm

From United States, New Braunfels
hanukrishna
Dear Aakansha,
I think you already have enough of inputs. I have such experiences somebody threatening my colleagues to sue our company since we have strong pieces of evidence in everything we do, we encouraged them to do so. Sometimes people take undue advantage when they know you are afraid. Be bold and face the situation. If you need any further inputs how to build evidence do let me know. You can write to me on my email. Good day.
Regards
Hanu B Krishna
Serial Entrepreneur

From India, Bangalore
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