Dear Seniors,
One of our new joinee has not relieved from her pervious employer with proper notice. we had received this communication from that company through email and thro letter as well. in concern to that we asked that employee to meet the officials of her former employer and to finish up her relieving formalities there. since her performance was good and considering her financial back ground, we said that she can continue her service us after settling all the disputes. As instructed she visited her previous employer and given her resignation but they had not accepted it and asked her to stay with them or either to serve notice, which she was not willing to do. Hence they have forfeited her 1 month salary for not giving proper notice and have informed her that she will not be entitled for any benefits. After this, we have taken a declaration letter about her improper relieving, stating that any issues raised by her previous employer will be handled by her own. Now again after 10days time, we have received a letter from that company, stating everything that has happend till now and they have asked us to insist her to serve them a notice period and to get relieved properly.
it seems like their actual intention is to make her suffer rather concerning about the ethics and policies. Kindly advice how to handle this and also help me in drafting a revert mail.
thanks,
Divya
From India, Chennai
10One of our new joinee has not relieved from her pervious employer with proper notice. we had received this communication from that company through email and thro letter as well. in concern to that we asked that employee to meet the officials of her former employer and to finish up her relieving formalities there. since her performance was good and considering her financial back ground, we said that she can continue her service us after settling all the disputes. As instructed she visited her previous employer and given her resignation but they had not accepted it and asked her to stay with them or either to serve notice, which she was not willing to do. Hence they have forfeited her 1 month salary for not giving proper notice and have informed her that she will not be entitled for any benefits. After this, we have taken a declaration letter about her improper relieving, stating that any issues raised by her previous employer will be handled by her own. Now again after 10days time, we have received a letter from that company, stating everything that has happend till now and they have asked us to insist her to serve them a notice period and to get relieved properly.
it seems like their actual intention is to make her suffer rather concerning about the ethics and policies. Kindly advice how to handle this and also help me in drafting a revert mail.
thanks,
Divya
From India, Chennai
Hi Divya,
Perhaps the following will assist you ...
Dear XXXXXXX
We thank you for your recent communications regarding (name of person).
We had, as a matter of courtesy, already asked her to contact you to complete her formalities with you. We understand that she has made such contact.
Our position, now, is that we cannot instruct (name of person) to fulfill her obligations with you as we played no part in her initial appointment with yourselves. This is a matter between you and (name of person).
Yours Sincerely.
(Your name)
(Your designation)
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
Perhaps the following will assist you ...
Dear XXXXXXX
We thank you for your recent communications regarding (name of person).
We had, as a matter of courtesy, already asked her to contact you to complete her formalities with you. We understand that she has made such contact.
Our position, now, is that we cannot instruct (name of person) to fulfill her obligations with you as we played no part in her initial appointment with yourselves. This is a matter between you and (name of person).
Yours Sincerely.
(Your name)
(Your designation)
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
Dear Divya,
I second Harsh and Vinod. You have been supportive towards your new employee. Respect the other firm's proceedings and not be influenced by them.
They need more time, ask for a deadline, beyond which they would ask for nothing more.
The Knowledge Transfer or even the hand over process is time bound. Hence they have little support by their side.
Wish you all the best !
From India, Mumbai
I second Harsh and Vinod. You have been supportive towards your new employee. Respect the other firm's proceedings and not be influenced by them.
They need more time, ask for a deadline, beyond which they would ask for nothing more.
The Knowledge Transfer or even the hand over process is time bound. Hence they have little support by their side.
Wish you all the best !
From India, Mumbai
Where was your companys background check and checking of documents seems your co hr just accepted a new employee without checking relieving letters.
Now do one thing dont reply to that organisation at all. Because if you reply to them that it is between the employer and employee then it does not reflect good on your co goodwill such reply if made public harms your co goodwill. Try verbally speaking with that employer and see if things can get sorted out. Because if they send legal notice to your employee then also your employee will have more problems
From India, Madras
Now do one thing dont reply to that organisation at all. Because if you reply to them that it is between the employer and employee then it does not reflect good on your co goodwill such reply if made public harms your co goodwill. Try verbally speaking with that employer and see if things can get sorted out. Because if they send legal notice to your employee then also your employee will have more problems
From India, Madras
Dear friends,
My comments are for doing holistic analysis of the incident. I am giving this disclaimer because few members prefer not writing anything extra ("essay" in their language) other than what poster had raised query. The analysis is as below:
a) The whole issue has arisen because of improper background check and improper recruitment process. Since Ravi has raised this point, let me not dwell on it further.
b) While recruiting what Divya or her colleagues did not take into account is the fact that this newly joined employee has abandoned her previous employment. Her employers could be bad however, still she should have shown patience to complete her notice period. If she can abandon her previous employer then she possibly could abandon Divya's employers as well. This risk has been overlooked. Suitability of her candidacy at the time of selection and her performance after joining has overshadowed her opportunistic tendencies.
c) Now coming to candidate's previous employers. Why HR department did not have policy on employees who abandon their duties? Employee abandoned her duties. For this they had deducted her one month's salary. Ideally when this employee approached them they should have told her to do proper clearance from each department and calculated her "Full and Final Settlement" dues. As per notice, period they should have made deductions and closed the matter. Rather they preferred to send the second letter to Divya's employers. This blowing hot and cold is sheer nonsense. This speaks their poor work culture. At that company is also there is some HR who is very much like general member of this forum. If HR behaves in this manner then who will give value to HR? The incident brings to fore the importance of HR's systems and processes.
We talk so much on leadership. Leadership at lower level is seen in small actions like these. Let us not acquire vision at the cost of sight!
Ok...
Dinesh V Divekar
From India, Bangalore
My comments are for doing holistic analysis of the incident. I am giving this disclaimer because few members prefer not writing anything extra ("essay" in their language) other than what poster had raised query. The analysis is as below:
a) The whole issue has arisen because of improper background check and improper recruitment process. Since Ravi has raised this point, let me not dwell on it further.
b) While recruiting what Divya or her colleagues did not take into account is the fact that this newly joined employee has abandoned her previous employment. Her employers could be bad however, still she should have shown patience to complete her notice period. If she can abandon her previous employer then she possibly could abandon Divya's employers as well. This risk has been overlooked. Suitability of her candidacy at the time of selection and her performance after joining has overshadowed her opportunistic tendencies.
c) Now coming to candidate's previous employers. Why HR department did not have policy on employees who abandon their duties? Employee abandoned her duties. For this they had deducted her one month's salary. Ideally when this employee approached them they should have told her to do proper clearance from each department and calculated her "Full and Final Settlement" dues. As per notice, period they should have made deductions and closed the matter. Rather they preferred to send the second letter to Divya's employers. This blowing hot and cold is sheer nonsense. This speaks their poor work culture. At that company is also there is some HR who is very much like general member of this forum. If HR behaves in this manner then who will give value to HR? The incident brings to fore the importance of HR's systems and processes.
We talk so much on leadership. Leadership at lower level is seen in small actions like these. Let us not acquire vision at the cost of sight!
Ok...
Dinesh V Divekar
From India, Bangalore
Thanks for your comments @ Mr.Ravi & Mr.Dinesh V Divekar. it helps to understand the importance of proper Background check of a new joinee.
I agree to that its our mistake that we haven't done a background check. But it is not that we have accepted the new joinee without verifying her docs and there's nothing to be felt wrong about our recruitment process. Because we used to schedule the date of joining based upon the time required for the candidate to serve notice with his/her present employer before joining us and same way in this case also. After joining us, here the new joinee has asked a week time to submit her relieving letter, which we accepted keeping her appointment letter on hold. Within this time span only, we have received communications from her former employer about her improper relieving. Which was also been well addressed at our end.
Also it is not that we have not noted about the risk stated by Mr. Dinesh, but considering her financial position and performance as well, we have ignored it.
From India, Chennai
I agree to that its our mistake that we haven't done a background check. But it is not that we have accepted the new joinee without verifying her docs and there's nothing to be felt wrong about our recruitment process. Because we used to schedule the date of joining based upon the time required for the candidate to serve notice with his/her present employer before joining us and same way in this case also. After joining us, here the new joinee has asked a week time to submit her relieving letter, which we accepted keeping her appointment letter on hold. Within this time span only, we have received communications from her former employer about her improper relieving. Which was also been well addressed at our end.
Also it is not that we have not noted about the risk stated by Mr. Dinesh, but considering her financial position and performance as well, we have ignored it.
From India, Chennai
Now ultimately what is the conclusion what decision have you taken to solve this issue. As the employee joined your co means appointment letter is already issued, your keeping appointment letter on hold wont do you anything good. Now the employee is still working with you and work is being allocated to him / her. So to keep the employee working uninterrupted what are you going to do. Or you may need to ask the employee to go that too how? By issuing a termination letter which states clause of offer letter stating in future if declared information is found fake employee would be terminated imm. Think about it
From India, Madras
From India, Madras
Dear Mr. Ravi,
We have a general practice of giving an Offer letter for the candidate who got selected and post his/her joining, only after submission of all the joining docs we will release the appointment letter.
In this case, within this time span only we got the communication of improper relieving of our new joinee and it was addressed in favour of the employer as well. Any how, on considering her financial situation and her need of job, we decided to retain this candidate rather than terminating her. Consequently we have asked her to give us a declaration letter stating that she'l not able to submit her relieving letter since she has not served proper notice with previous employer for which her salary was been forfeited and any issues raised by her previous employer will be addressed by her own.
On taking this declaration and verifying other docs, we thought of releasing her appointment letter. Hope so atleast by now she would have understood the importance of proper work ethics
Thanks,
Divya...
From India, Chennai
We have a general practice of giving an Offer letter for the candidate who got selected and post his/her joining, only after submission of all the joining docs we will release the appointment letter.
In this case, within this time span only we got the communication of improper relieving of our new joinee and it was addressed in favour of the employer as well. Any how, on considering her financial situation and her need of job, we decided to retain this candidate rather than terminating her. Consequently we have asked her to give us a declaration letter stating that she'l not able to submit her relieving letter since she has not served proper notice with previous employer for which her salary was been forfeited and any issues raised by her previous employer will be addressed by her own.
On taking this declaration and verifying other docs, we thought of releasing her appointment letter. Hope so atleast by now she would have understood the importance of proper work ethics
Thanks,
Divya...
From India, Chennai
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