Termination from employment

Querist : Anonymous (Querist) 08 August 2011 This query is : Resolved

Can an employer legally terminate an employee on the ground of misconduct when the employee was found submitting fabricated bills and documents to claim his non taxable reimbursement claim (whis is a part of his salary component and it was paid for more than a year ealier of similar type claims by the employer ) ? Will termination be a right decision if other recourse available. If not what action may be initiated against the employer if terminated?

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K.S.Srinivas (Expert) 08 August 2011
Yes. Submission of fabricated bills and documents to claim reimbursement amounts to grave misconduct. It amounts to fraud. On this count the employee can be terminated.

M/s. Y-not legal services (Expert) 08 August 2011
Am agree with srinivas sir..

Swami Sadashiva Brahmendra Sar (Expert) 09 August 2011
To determine as to whether alleged conduct is a "misconduct", service rules applicable to that employee is to be seen. Moreover, punishment in this case appears to be disproportionate and legally not sustainable.

prabhakar singh (Expert) 09 August 2011
Expert K.S.Srinivas is right

Raj Kumar Makkad (Expert) 10 August 2011
I think the action taken is not sufficient and such employee deserves more harsh action like filing of FIR and recovery of all money fradulantly withdrawn during last one year. Corruption is a major disease prevalent in all offices and only harsh and impartial strict action is its treatment.

Querist : Anonymous (Querist) 11 August 2011
Thanks for the valuable advise to all.

Dear Tripathi Sir, You have a different view and can you please expalin the punishment of termination is disapropriate and legally not sustainable for my information.

Thank You.

Sudhir Kumar, Advocate (Expert) 15 September 2012
Termination /dismissal etc concepts are coined only to deal wtih such matters.

Guest (Expert) 15 September 2012
The action of the employer is quite right. You should rather be thankful to him for his having not booked you for forgery of documents and committing a fraud, besides making recovery of the whole of the amount you received as reimbursement of claims fraudulently.

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