1. #1
    Unregistered

    What action can a company take against an employee whose entry to the company seems to be illegal?

    I work as a coordinator in HR department. I have to verify the identification of each employee. Recently I found that one of our employees has illegally entered the organization. His documents and details seem to be fake and forged. I informed the same to the management. What action can a company take against such employee whose entry itself is faked?

  2. #2
    Labournet Law Consultancy Array
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    2nd Floor, Patel Complex, Basin Road, Ernakulam, Kerala
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    Re: What action can a company take against an employee whose entry to the company seems to be illegal?

    If you thing that an employee has entered the organisation illegally as a legal process you have to give a official notice asking him

    to give you the evidence regarding the qualification and experience. If primaface if he is not giving any satisfactory explanation ,

    an inquiry as to be conducted regarding the same. After inquiry if it is found that he has entered the establishment illegally you

    can give him a termination letter explaining the same.


    You can also file a police compliant against him for cheating and for forgery for forging the documents.

  3. #3
    Madhu M Array
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    Sep 2012
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    Re: What action can a company take against an employee whose entry to the company seems to be illegal?

    Hi..I think if the employee's identity is fake according to you and you have ample proof regarding this then you should certainly take a strict action against such an employee and teach him such a lesson that he will never repeat such a mistake again..Such employees can even harm your company and destroy its reputation so you should take action against him immediately and not let him harm your company..

    Different companies have different punishments for such matters..But one thing is for sure that firstly you call that employee to your office , show him the proof of his fake and forged identity , make him accept his mistake and then immediately Terminate his services..Then atleast he will cease to be an employee of your company and thus could not harm you in any way..

    Now you can ask him to pay compensation for the same or even better file a case against him..Such people should be severely punished otherwise they will keep on repeating such thuings as they have no morals at all..Plus this will also be good for him as he will improve himsellf and thus hopefully will have a better future..

    Good luck and Thanks

  4. #4
    Devi.career Array
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    Re: What action can a company take against an employee whose entry to the company seems to be illegal?

    HEllo Sir,
    Yeah as per every company they do background verification for each and every candidate and as you are such a big company its a thing to notice how a fake candidate got through.apart from that as per policy you can terminate any employee if his background is not satisfactory or doesnot fill the eligibility criteria.
    So need to worry and call the candidate and ask for excuse for this misdeed ,if he confronts his mistake dont terminate him rather ask him to take release from the company and search for other company else if he does not agree you can terminate him and take legal action as you wish.
    Thank you.

  5. #5
    yogesh Array
    Join Date
    Sep 2012
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    530

    Re: What action can a company take against an employee whose entry to the company seems to be illegal?

    hello sirNo any employees can be terminated without full Information or evidence.You should go through checkout all documents that concerned employee has given.Once give the evidence regarding the qualification and experience to that employee. if he is not providing any satisfactory explanation or solution then you should go to inquiry.you should do it calmly no one has the information of you, what are you going to do.so conducted regarding the all incidents.After collecting the all information you should do according the result.if it is found that he has entered the establishme or illegal manner then termination is mandatory as well as punishment with legally by court lawthanks you

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