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Vikash Raj (Manager)     17 November 2012

Frauds by employee

Dear Experts,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

We have come to know about following discrepancies of one of our employee:

 

 

 

 

 

1.      The resume submitted by him is showing more than 3 years of real estate experience and on the basis of that we offered him Sr. Manager Position. Later we have found his resume on timesjob portal as well and this resume shows only 1 year real estate experience. Even the companies in which he worked before are different on both resumes. We have confirmed that the both resumes are of same person. He was given senior position on the basis of more than 3 years real estate experience shown by him on documents but in actual he had only about 1 year experience in real estate. He got a senior position in the company for which he was actually not eligible on the basis of false and fabricated experience. 

 

 

 

 

 

2.      Since his performance was extremely poor and not able to achieve any sales targets therefore in order to save his job and to get full salary for the month he submitted a fabricated real estate deal to the company. After availing his salary and securing his position in the company, he later told company that the deal was cancelled. On investigation it was found that the deal was fake and fabricated by him with the some friends outside. Even contact number of seller was wrong. The buyer and seller both are his friend and present of his facebook friend list as well.

 

 

 

 

 

3.      He was in Sr. Manager Position therefore looking after our company’s tie-ups and MOU with builders. He took Rs. 35,000/- from the company on the name of processing fee for the tie-up and MOU formalities with a builder but later we discovered that there is no tie-up and MOU with that builder was done.

 

 

 

 

 

4.      He was asked to make direct tie-up with a builder for the broking ship of its project. He arranged MOU formalities and got MOU between builder and our company signed by Director of our company for completing tie-up formalities. All bookings of that project were supposed to go to builder directly through our company. But it was discovered later that the bookings were done through some other broker. After that we tried to contact management of that broker to get broking revenues of our bookings but all our endeavors were futile. Later he took credit notes and payments from that broker on his name for the bookings (which were suppose to be done directly to the builder through our company) done through our company.

 

 

 

 

 

5.      He has not returned company’s mobile phone, connection and charger even after telephonic and email communications to him.

 

 

 

 

 

We started discovering his frauds in early days of October month and expelled him on 23rd Oct, 2012. He caused significant loss to the company due to the frauds done by him and due to his inability and inexperienced for the position he got fraudulently by showing wrong credentials to the company. Please suggest what legal action we can take against him and whether we can recover losses due to his frauds from him.

 

 

 

 

 

 

 

 

Thanks

 

 

Hemant Kumar

 

 

 

 

 

 

 

 



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     17 November 2012

This is a case of fraud as well as embexxlement, breach of trust, cheating etc.  You can proceed criominally  and can alos file civil suit for the losses caused by him.  It is not even a month back you expelled him.  He caneven file civil suit/labour case challanging the expulsion.


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