1. #1
    Unregistered

    After an employee gets terminated from the company, can they take any legal action against him for the offence he has done during his stay in company?

    We had one of the employees in accounts department. He left the organization 2 months back. Recently while checking the accounts we saw that this team member has done some scam while staying in the company. Now he has left organization. Can we take action against him after he left the organization? Please suggest.

  2. #2
    Ashok Array
    Join Date
    Jul 2012
    Posts
    2,293

    Re: After an employee gets terminated from the company, can they take any legal action against him for the offence he has done during his stay in company?

    Dear Aspirant,

    Of course it is totally possible,but you may not get any result.Both of you will be disturbed.You can do one thing,If his financial account such as gratuity,leave encashment,PF settlement are pending,you can adjust the amount with those accounts.

    It would have been easy to take action & make recovery at the time of his stay in the company.however, if the scam is huge you can start correspondence with him & accordingly you can proceed further.

    Thanks.

  3. #3
    Madhu M Array
    Join Date
    Sep 2012
    Posts
    685

    Re: After an employee gets terminated from the company, can they take any legal action against him for the offence he has done during his stay in company?

    Hi .. I think if your previous employee , who has left your company now, is found to be guilty of indulging in some scam then you should certainly punish him and teach him a good lesson for his misbehaviour and indulging in such cheap tactics..If such people are left unpunished then this will certainly lead to more such scams leading to lots of chaos in our country..In this way we are damaging the future progress of our own company by not punishing and sparing such employees..There should some kingd of severe punishment for such culpreits..

    So you certainly have the right to punish this employee of yours even if he's not an employee of your company anymore..He has done a scam which is illegal and such crimes should not be left unpunished..You call him to your office and tell him you have found him guilty of conducting some scam in the past and show him all the proof regarding the same..See what he has to say..If he admits his mistake then its good but you certainly should not leave him completely without any punishment..Ask him to pay a fine for the same ..

    But if he doesnt admit still that he is guilty file a case against him and see to it that he gets punished in a court of law..I hope you get my point ..If such incidents are punished then this will be good for the future of our country..

    Good luck and Thanks

  4. #4
    VonsVishakha Array
    Join Date
    Jul 2012
    Posts
    245

    Re: After an employee gets terminated from the company, can they take any legal action against him for the offence he has done during his stay in company?

    Dear friend,

    Its not that easy to punish the employee after he has left the organization. This would have been easier and more legal if he would have stayed in your organization.

    In your case, hire a lawyer and ask him to pay the penalty else hi degree will be terminated if the scam he has done is big. And if it has minor impact on your organisation. I would suggest to take this as a learning experience and keep a look on the activities of employees in future.Moreover, if you want to take legal action ensure to have some solid proofs that you have encountered.

    Thanks

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