Hi Learned Experts, One of our employees after working for 4 months (Probation) with us resigned with immediate effect 2 months back citing personal reasons. We didn't accept that resignation and tried to retain him, after 15 days he withdrew his resignation and joined us eventually. Last week we came to know that during that 15 days period he joined another company and worked there for 7 days and then resigned there and joined us back. Neither we asked him where had he been or what he was doing for that 15 days time nor he mentioned about this when he joined us back after withdrawing resignation. We thought he was at his home and then after 15 days he withdrew the resignation and joined us back, but in reality he worked with another organization for 7 days in between. Please note we didn't accept his resignation when he resigned for the very first time. Can we consider it a deliberate dishonest concealment of facts? and filed an FIR against him and proceed with a criminal case against him? Please reply
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1)no case of cheating is made out against the employee
2) employee merely resigned from company on personal grounds at your request he has with drawn his resignation and rejoined the company
3) no questiosn were asked by company nor any false exaplantion given by employee
4) dont file any FIR against employee
No, there is no criminal act committed by him.
when an employee who is working with the company on probation period resign based on his personal reason then there is no question of acceptance of resignation or denial, the company had right to claim compensation as per appointment letter, but in your case, your company did not accept the resignation and during this period he join another company and resign there and your company again accept him as an employee, now you can not initiate any criminal proceedings but you may terminate him.
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Dear Concerned,
There seem to be no cheating from this employee as - technically he resigned and joined some other company - a company who would not have asked for Relieving letter. Once he would have jopined this company and might have not liked the work culture or any specific thing - he would have found his previous company / previous job i.e the job at your company better then this one hence he resigned and as there was no acceptance of the resignation he joined you back after withdrawing the resignation.
If any such transition is covered in the HR policies of your company you may terminate him or you may choose to take a legal action of there has been some / any harm to your company financially - as this seems to be a miss - there is no specific legal action that would give you desired result - unless fabricated.
Regards
1. It is not understood as to when you want to retain the said employee, why do you want to file FIR against him.
2. Actually, he was not supposed to join a new Company without being released from your Company.
3. However, if the matter goes to court, you might also be questioned as to why did you not release him when he had resigned during his probationary period.
4. Please note that he has a civil right to work or not work with you and you can not refuse to release him without showing any valid reason when he was in his probationary period.
5.Moreover, no Criminal Case stands here and at most you can conduct a disciplinary proceeding against te service conduct rule of your company and terminate him from his service.
Dear Sirs, We wanted to retain that employee earlier but now after knowing this we are in process to terminate him. The person in question had a discussion with 2 of our HR persons during those 15 days verbally here he confirmed that he wasn't working anywhere whereas the truth was he was indeed working in a different company. But the problem is we don't have anything in writing, he never told us in writing that he wasn't working anywhere. Neither we ever asked him in writing what was he doing for those 15 days. So in court of law I don't think verbal telephonic discussions hold any value. So he gave false explanations verbally and we thought he wasn't working anywhere. But nothing is written. So I guess we can't sue him for concealment of facts. Please correct me if I'm wrong. Or is there anything else we should be doing in order to sue him with criminal offence? Kindly suggest.
1) you cannot sue the employee for concealment of facts
2) just terminate his services
1. You have stated in your first mail "Last week we came to know that during that 15 days period he joined another company and worked there for 7 days and then resigned there and joined us back". if you can collect the evidence of his such taking up fresh employment then you can certainly initiate disciplinary action against him since he is not supposed to join any other Company before his resignation is accepted.
2. You won't have to take anything thing writing from him sating that he did not take up any employment during those interim period since otherwise also he is not supposed to take up any other employment till his resignation is accepted.
Please note we didn't accept his resignation when he resigned for the very first time.
Can we consider it a deliberate dishonest concealment of facts? and filed an FIR against him and proceed with a criminal case against him?
Please be aware that he did not commit any crime that makes you to think about initiating a criminal complaint against him.
In fact he has tendered his resignation and then only he joined in another company.
But since he has resigned that company too, he has withdrawn his resignation (which was kept on hold by you) ther is nothng to initiate any legal action against him at this stage.
So he gave false explanations verbally and we thought he wasn't working anywhere. But nothing is written.
So I guess we can't sue him for concealment of facts.
Please correct me if I'm wrong. Or is there anything else we should be doing in order to sue him with criminal offence?
Whether he gave false information about his status or not, in my opinion no legal action can be initiated against him since he has not cheated this company by joining in another company without informing your company.