• Team member threatening suicide

My husband is DGM Sales in an MNC. One of the employees reporting to my husband is of very poor skill and ability. The employee is not meant for the profile he is in. The management has forced fit him in a sales profile since he is a low cost resource. The employee is not fit for the job and is unable to bear the pressure of sales. The management is not willing to fire a low cost employee.
Under these circumstances, the said employee has threatened my husband with suicide multiple times. What should my husband do to legally protect himself in case the employee commits suicide and leaves a suicide note blaming my husband and the company? Is it enough to write an email to HR to document the situation? Or should one file a police complaint?
Asked 3 years ago in Criminal Law
Religion: Hindu

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8 Answers

Record his threats 

 

2) file NC with local police station regarding his constant threats to commit suicide 

 

3) also wrote email to HR in this regard 

 

4) employee should consult a psychiatrist and undergo treatment prescribed 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

If the employee is posing suicidal threats or even threatens your husband about this in the office, your husband can issue a warning letter after consulting HR or any top management official.

If necessary, your husband, on the advice if the legal adviser of the company can even initiate necessary disciplinary action against the employee besides lodging a criminal complaint against the erring employee for posing suicidal threats and seek protection for a related event that may happen in future.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. If a person commits suicide and leaves behind a suicide note blaming someone for his suicide then person named in the note will face criminal prosecution for the offence of abetment to suicide. Even getting bail is an uphill task in abetment to suicide.

2. Tell your husband to send a complaint to jurisdictional police station stating that this employee is threatening to commit suicide and he fears implication for his suicide. Advance intimation to police will protect him like a shield.

3. Also write to HR.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

He can file a police complaint that the said member is threatening for Suicide. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1. Let your husband file a complaint in the jurisdictional Police Station that if the employee commits suicide, your husband should not be held responsible for abetment of suicide.

2.  On the above lines, let your husband complain to HR also regarding the present threat from the employee.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

madam 

your husband should inform the company first and seek permission from them to file an information in the concerned police station if company allows. if he commits anything then you can tell that you had informed the company and that will be good enough.

if company do not give permission then send reminder and try to inform the police in some manner and that can be advised as per practical situation only.

regards

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

Respected mam••••

You have both the options available and any of them is sufficient either to make a mail to HR or make a complaint to police officials  but mam he can not do anything to your husband in any manner as he is just doing his duty and that is justified by law so saying that he will suicide and even if he suicide your husband is at safe end  you need not to worry 

For Further queries please contact me 

 

THANK YOU 

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

- If the said  employee even try to commit suicide or after doing so, he leaves a suicide note, then your husband can be booked by the police under Section 306 IPC for abetting him to commit suicide.

- Hence, your husband can give information Application/Complaint to the SHO of police station, after narrating that he is facing hardship as the said employee is threatening for committing suicide , if he will be removed from the job , and further he will not be held responsible in case such a thing happens.

- However, he should lodge a written complaint with the HR before approaching police. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

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