Rekha (HR) 19 April 2011

Termination and Damages to be claimed from Employee

Hi All,

we monitored one of the employee for a week who was working against the interest of the company .Which included using company's infrastructure and bidding on the Projects on Elance /ODesk/guru for individual projects.Interacting with clients in the office premises.

We have ample avidance and the screen shots for the same which proves that this action was being performed by them

Can any one suggest whether we can take any legal action against him or not.And if yes what it could be.

It will be really great if some one can suggest me regarding the same.

Looking forward for the kind response from your end.

Thansk

Veronica

Reply Follow

5 Replies

AAK (Advocate) 20 April 2011

information is insufficient. however first issue him show cause notice for all his actions.

Rekha (HR) 20 April 2011

Hi ,

We have already given him show cause notice and the information which he has responded is untrue and unsatisfactory .So what all information you need to suggest for the legal action which can be taken against.

Thanks

AAK (Advocate) 20 April 2011

Then conduct an enquiry and if proved guilty then you can terminate him and thereafter by issuing legal notice you can claim damages if any caused due to his act.

Rekha (HR) 20 April 2011

Hi Ajit,

Termination has been issued to him will like to know what will be the legal notification given to him? What all can be done to get the damages recovered and what amt we can look for.

Thansk

AAK (Advocate) 20 April 2011

if you have already terminated him, then issue him legal notice and ask him to pay damages for the loss caused to you. but you must be in a position to show that due to his conduct only you have suffered a loss. you have to estimate reasonable damages. The court will not accept too remote damages. But in return and to harrass you he may challenge the termination in labour court and ask for damages. The court are having liberal approach towards employee.