Employee Forgery and Termination Incident
My employee stole an old approved leave application (for December 2018) and changed/forged it for her yearly leave (February 2019). She gave me the leave application on 31st January 2018 at office closing time. Her Head of Department (HOD) was not available at that time, and she was going on her yearly leave the next day. Later, I found out what she had done wrong. I terminated her on 6th March 2019 without any notice (7th March 2019 was her joining day after leave) by sending a message on the phone. She had worked with the company for 15 months. Technically, she was absent for 34 days without approved leave.
Confrontation and Request for Salary
On the morning of 7th March, she came with her mother and created a big scene. We tried to pacify them and give her one more chance, but they continued to use vulgar and unparliamentary language, and even physically assaulted our General Manager. She is asking for one month's salary. Should I allow it or not?
From India, Ludhiana
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1My employee stole an old approved leave application (for December 2018) and changed/forged it for her yearly leave (February 2019). She gave me the leave application on 31st January 2018 at office closing time. Her Head of Department (HOD) was not available at that time, and she was going on her yearly leave the next day. Later, I found out what she had done wrong. I terminated her on 6th March 2019 without any notice (7th March 2019 was her joining day after leave) by sending a message on the phone. She had worked with the company for 15 months. Technically, she was absent for 34 days without approved leave.
Confrontation and Request for Salary
On the morning of 7th March, she came with her mother and created a big scene. We tried to pacify them and give her one more chance, but they continued to use vulgar and unparliamentary language, and even physically assaulted our General Manager. She is asking for one month's salary. Should I allow it or not?
From India, Ludhiana
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Misconduct and Termination Procedures
Going by the facts that you have stated, I find misconduct on two counts: (a) forging the leave application and (b) proceeding on leave without approval. Notwithstanding her misconduct, you have shown unwise haste in her termination. You should have allowed her to resume her duties on completion of her unauthorized leave, then issued a show-cause notice to her. If the reply to the show-cause notice were not satisfactory, you could have ordered a domestic inquiry. Depending on the outcome of the inquiry, you could have awarded the punishment, which could be termination from the services.
Sending a message on the phone is not the right way of termination. Just because the employee did not follow the rules and regulations does not mean that we should also disregard the rules and regulations.
Even now, you can order a domestic inquiry on the incident that took place in your company on 7th March 2019. Creating scenes or using vulgar language are sufficient grounds for her termination. However, please ensure that you follow the correct procedure while executing the domestic inquiry.
Thanks,
Dinesh Divekar
From India, Bangalore
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Going by the facts that you have stated, I find misconduct on two counts: (a) forging the leave application and (b) proceeding on leave without approval. Notwithstanding her misconduct, you have shown unwise haste in her termination. You should have allowed her to resume her duties on completion of her unauthorized leave, then issued a show-cause notice to her. If the reply to the show-cause notice were not satisfactory, you could have ordered a domestic inquiry. Depending on the outcome of the inquiry, you could have awarded the punishment, which could be termination from the services.
Sending a message on the phone is not the right way of termination. Just because the employee did not follow the rules and regulations does not mean that we should also disregard the rules and regulations.
Even now, you can order a domestic inquiry on the incident that took place in your company on 7th March 2019. Creating scenes or using vulgar language are sufficient grounds for her termination. However, please ensure that you follow the correct procedure while executing the domestic inquiry.
Thanks,
Dinesh Divekar
From India, Bangalore
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People in authority have to realize one simple fact. Termination has to follow principles of natural justice. There is no way that any employer can say, "You are terminated," and get away if the employee chooses to fight legally. Issue a Show Cause Notice (SCN) to the lady, seek her explanation, weigh it against evidence (documents, etc.), show her the evidence against her, and then take a reasoned decision.
From India, Pune
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From India, Pune
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc
DOMESTIC ENQUIRY.ppt