Hi, all, there is one question: if any employee of the company leaves the job without prior intimation or notice, and after 6 months, the company discovers any discrepancies or fraud involving that employee, can the employer pursue them for clarification? Please help me with this urgent issue. This is a critical question. I kindly request all my seniors to provide a detailed clarification.
Regards,
Deepesh
From India, Pune
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Regards,
Deepesh
From India, Pune
Acknowledge(0)Amend(0)
Employer's Right to Investigate Post-Employment Fraud
Every employer is liable to question any employee regarding their actions during their employment with the firm. Even if the employee has left the company, if fraud committed during their tenure is discovered, the company should initiate an investigation and interrogate the employee.
Please consider the following steps:
- Report the incident to the decision-making authority and register formal communication with your legal advisor on this issue. Document the meeting in writing, including all details discussed and approved.
- Initiate the investigation and compile a complete incident report, including all data such as time, events, employees involved, levels of action, and any non-adherence to policy and processes.
- Verify and validate every piece of data collected with evidence and factual representation.
- Document every aspect of the incident. If anyone is informed about the investigation process, keep written proof with an email notification, indicating that the information has been shared with Mr. X, including approval, acknowledgment, or informed status as applicable.
- Communicate with ex-employees connected to the scam and ask direct questions about their actions during the event.
- Obtain factual answers and leave no room for open-ended replies. Ex-employees are least likely to accept their actions.
- Obtain signatures on the replies received to the questions you ask.
- Finally, in a face-to-face meeting, confront the employee about the fraud. Ensure your legal advisor is present in the meeting, at least on a conference phone line if there is a distance issue.
- The degree of punishment depends on the level of the fraud. Identify the business losses due to it and consult business leaders and the legal advisor on the punishment or corrective actions to be issued.
- Once action is taken against the employee for the scam, obtain a written apology letter noting every detail, including what happened, the role and actions taken by the employee, and how the employee agrees to the punishment issued.
- Communicate actively with the legal advisor throughout the issue.
- Obtain every approval in writing. Even if given verbally, document it in an email stating the discussion and the actions to be taken remain approved.
- Finally, document the entire file elaborately. Keep one copy for future reference during an audit and maintain another in the employee's file.
There are legal experts in this forum; I request their advice on this.
Regards,
(Cite Contribution)
From India, Mumbai
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1872Every employer is liable to question any employee regarding their actions during their employment with the firm. Even if the employee has left the company, if fraud committed during their tenure is discovered, the company should initiate an investigation and interrogate the employee.
Please consider the following steps:
- Report the incident to the decision-making authority and register formal communication with your legal advisor on this issue. Document the meeting in writing, including all details discussed and approved.
- Initiate the investigation and compile a complete incident report, including all data such as time, events, employees involved, levels of action, and any non-adherence to policy and processes.
- Verify and validate every piece of data collected with evidence and factual representation.
- Document every aspect of the incident. If anyone is informed about the investigation process, keep written proof with an email notification, indicating that the information has been shared with Mr. X, including approval, acknowledgment, or informed status as applicable.
- Communicate with ex-employees connected to the scam and ask direct questions about their actions during the event.
- Obtain factual answers and leave no room for open-ended replies. Ex-employees are least likely to accept their actions.
- Obtain signatures on the replies received to the questions you ask.
- Finally, in a face-to-face meeting, confront the employee about the fraud. Ensure your legal advisor is present in the meeting, at least on a conference phone line if there is a distance issue.
- The degree of punishment depends on the level of the fraud. Identify the business losses due to it and consult business leaders and the legal advisor on the punishment or corrective actions to be issued.
- Once action is taken against the employee for the scam, obtain a written apology letter noting every detail, including what happened, the role and actions taken by the employee, and how the employee agrees to the punishment issued.
- Communicate actively with the legal advisor throughout the issue.
- Obtain every approval in writing. Even if given verbally, document it in an email stating the discussion and the actions to be taken remain approved.
- Finally, document the entire file elaborately. Keep one copy for future reference during an audit and maintain another in the employee's file.
There are legal experts in this forum; I request their advice on this.
Regards,
(Cite Contribution)
From India, Mumbai
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