Dear All, We have a unique situation with an employee and would appreciate your valuable advice on how to handle the situation.
Employee Accommodation Issue
This employee is provided with free staff accommodation as part of the initial agreement. A few months back, we were informed that this employee is using the extra rooms beside the staff quarters to house his father, mother, and sister. A warning was issued to him, with a deadline to vacate his extended family. However, neither an explanation was given nor were they vacated.
Family and Legal Concerns
Furthermore, to a higher degree, it was revealed that he and his wife have family issues, and he has physically and verbally abused his wife multiple times.
Seeking Advice on Suspension or Termination
Given the situation, what is the best way and legal process to suspend or terminate this employee? Will issuing multiple memos work? Is there a required gap between memos? Does he have any legal grounds to sue the organization if we terminate him?
We would greatly appreciate your inputs.
Regards, Saj
From India, Bangalore
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2Employee Accommodation Issue
This employee is provided with free staff accommodation as part of the initial agreement. A few months back, we were informed that this employee is using the extra rooms beside the staff quarters to house his father, mother, and sister. A warning was issued to him, with a deadline to vacate his extended family. However, neither an explanation was given nor were they vacated.
Family and Legal Concerns
Furthermore, to a higher degree, it was revealed that he and his wife have family issues, and he has physically and verbally abused his wife multiple times.
Seeking Advice on Suspension or Termination
Given the situation, what is the best way and legal process to suspend or terminate this employee? Will issuing multiple memos work? Is there a required gap between memos? Does he have any legal grounds to sue the organization if we terminate him?
We would greatly appreciate your inputs.
Regards, Saj
From India, Bangalore
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Dear Saj,
First of all, I believe that domestic violence involving a wife is not connected with employment law. On the same grounds, you can't take any action or terminate any employee as it does not affect your business or employment.
Secondly, he is misusing and is in unauthorized possession of company property. If you have given him multiple warning letters, then you are free to take further legal action. Alternatively, you may ask him to leave the accommodation with the help of the police and recover the charges for unauthorized accommodation for the duration it has been used.
Regards
From India, Mumbai
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First of all, I believe that domestic violence involving a wife is not connected with employment law. On the same grounds, you can't take any action or terminate any employee as it does not affect your business or employment.
Secondly, he is misusing and is in unauthorized possession of company property. If you have given him multiple warning letters, then you are free to take further legal action. Alternatively, you may ask him to leave the accommodation with the help of the police and recover the charges for unauthorized accommodation for the duration it has been used.
Regards
From India, Mumbai
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Before termination, I strongly recommend counseling him. Have you done that? If counseling has failed at your or at some senior's level, then I recommend you seek help from a professional counselor. A professional counselor may also counsel family members.
Secondly, do you have credible evidence of family violence? Have you formed opinions based on hearsay?
Thirdly, take a moment to consider his spouse. If you terminate the employee, he could be unemployed for at least a brief period, and the hardship for his family will only increase. While we must focus on running our enterprise and are not operating a charity organization, counseling the employee could lead to changed behavior and save lives from ruin. By doing this, your company will fulfill its social responsibility. If all goes well, the employee will likely remain loyal to the company indefinitely. News of this counseling will likely spread among employees and enhance the company's standing in their eyes.
Termination should be the last resort for management. I urge you to carefully consider my suggestion or take all possible steps before resorting to termination.
Please return to this forum after a couple of weeks or months and confirm how you handled this situation.
All the best!
Regards,
Dinesh V Divekar
From India, Bangalore
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Secondly, do you have credible evidence of family violence? Have you formed opinions based on hearsay?
Thirdly, take a moment to consider his spouse. If you terminate the employee, he could be unemployed for at least a brief period, and the hardship for his family will only increase. While we must focus on running our enterprise and are not operating a charity organization, counseling the employee could lead to changed behavior and save lives from ruin. By doing this, your company will fulfill its social responsibility. If all goes well, the employee will likely remain loyal to the company indefinitely. News of this counseling will likely spread among employees and enhance the company's standing in their eyes.
Termination should be the last resort for management. I urge you to carefully consider my suggestion or take all possible steps before resorting to termination.
Please return to this forum after a couple of weeks or months and confirm how you handled this situation.
All the best!
Regards,
Dinesh V Divekar
From India, Bangalore
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Dear All,
I think we are diverting our focus from the core problem. The core problem is the unauthorized possession of company property. Saj mentioned his domestic situation only to provide family history.
No one can take action on domestic violence unless his wife reports it. As I mentioned earlier, there is no concern about employment in this context.
I noticed Mr. Dinesh suggested counseling, and I really appreciate his suggestion. However, how do you counsel someone who has taken possession of company property without authorization?
Counseling can be provided for behavioral or mental health issues, not for someone's intentions. What he has done clearly shows that his intentions are not good, and he is misusing company benefits. This results in a loss of trust for the company. He should have considered the effects of his actions before taking such a step.
So, I feel that legal action is the correct solution for this situation. However, I do not mean to suggest termination, but at least the company should regain possession of its property.
Regards
From India, Mumbai
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I think we are diverting our focus from the core problem. The core problem is the unauthorized possession of company property. Saj mentioned his domestic situation only to provide family history.
No one can take action on domestic violence unless his wife reports it. As I mentioned earlier, there is no concern about employment in this context.
I noticed Mr. Dinesh suggested counseling, and I really appreciate his suggestion. However, how do you counsel someone who has taken possession of company property without authorization?
Counseling can be provided for behavioral or mental health issues, not for someone's intentions. What he has done clearly shows that his intentions are not good, and he is misusing company benefits. This results in a loss of trust for the company. He should have considered the effects of his actions before taking such a step.
So, I feel that legal action is the correct solution for this situation. However, I do not mean to suggest termination, but at least the company should regain possession of its property.
Regards
From India, Mumbai
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I am not against disciplinary action or legal action per se. Counseling precedes these two. My only point is that we should not jump to these methods directly without counseling the employee. Let us not use a sledgehammer where a gentle hand works!
Thanks,
Dinesh Divekar
From India, Bangalore
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Thanks,
Dinesh Divekar
From India, Bangalore
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I respect your view, and it has plenty of value too. However, this is a serious misconduct. If you do not take this seriously, the rest of the employees may consider you as being lenient. If somebody enters our house without authorization and stays forcefully, what should we do? Should we counsel him or try to regain control of the place through legal means, especially if he does not respond to repeated attempts at communication?
Do you really think he still deserves counseling? Even though the company has issued several warning letters to him, he has not taken them seriously and has not bothered to respond. His intentions are evident from his behavior.
I believe that in such cases, we cannot always handle the situation in just one way; sometimes, we need to consider other approaches as well. Moreover, maintaining ownership of our property through legal means is essential, so it should be properly documented.
I trust that you also understand the legal perspective on this matter.
From India, Mumbai
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Do you really think he still deserves counseling? Even though the company has issued several warning letters to him, he has not taken them seriously and has not bothered to respond. His intentions are evident from his behavior.
I believe that in such cases, we cannot always handle the situation in just one way; sometimes, we need to consider other approaches as well. Moreover, maintaining ownership of our property through legal means is essential, so it should be properly documented.
I trust that you also understand the legal perspective on this matter.
From India, Mumbai
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If the employee is misusing the facility, you can file a case of illegal occupying and squatting. However, you will need to realize that the employee is aware that he cannot be easily evicted. You will have to serve him multiple memos to indicate the violations and prepare for eviction.
From United Kingdom, Reading
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From United Kingdom, Reading
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I think that the questioner wants a quick and decisive remedy, and that's why he is asking for the ways and means for the termination of the accused employee. Regarding unauthorized occupation of a portion of the building, you can evict him forcefully with the help of the police, as suggested earlier. If that doesn't work, it's better to levy proportionate economic rent and deduct it from his salary after giving due notice.
Handling Rude Behavior
About his rude behavior towards his wife, have there been any complaints from her or the neighbors to the management as a nuisance affecting the entire neighborhood? In any case, you can try the option of counseling as suggested by Dinesh. If that doesn't yield results, it's better to ask him to vacate the quarters promptly. However, don't assume the role of the moral police and act excessively due to enthusiasm.
From India, Salem
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Handling Rude Behavior
About his rude behavior towards his wife, have there been any complaints from her or the neighbors to the management as a nuisance affecting the entire neighborhood? In any case, you can try the option of counseling as suggested by Dinesh. If that doesn't yield results, it's better to ask him to vacate the quarters promptly. However, don't assume the role of the moral police and act excessively due to enthusiasm.
From India, Salem
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DOMESTIC VIOLENCE.ppt
Usage of Company's property.docx
Employee Termination during covid 19.pdf