Regarding job related and hr issue

nishant (Querist) 04 December 2013 This query is : Resolved
Respected lawyer,
Myself nishant,and need to know that if a employee joins a organisation on fake cert. and later resigns from the job on account of selected somewhere else and later the earlier employers comes to know that the past employee had used the fake cert to get the job then can the previous employer take action against him?

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Raj Kumar Makkad (Expert) 04 December 2013
Definitely action can be taken in the given situation because the offence has been committed by the concerned employee, the knowledge of which came at later stage.

malipeddi jaggarao (Expert) 05 December 2013
Agreed with Shri Rajkumar Makkad.
What is your real problem?

Rajendra K Goyal (Expert) 05 December 2013
The information suppressed and facts are not clear. Under the given circumstances, let the previous employer proceed. Disciplinary action is out of his preview as he has already left the job.

P. Venu (Expert) 05 December 2013
Please come with the full facts -

whether employment was with the Government, public sector or private?

what was the nature of job?

had the fake certificate affected the employees' performance or otherwise cause injury to the interests of the employer?

whether any action is already in progress?

Prima facie the offence is trivial and no employer would lodge a complaint unless there are aggravating circumstances.

T. Kalaiselvan, Advocate (Expert) 15 December 2013
I agree with adv. Mr. P Venu; thus until any serious offence affecting the firm is discovered due to such act, the employe may not venture into such activity.

Guest (Expert) 15 December 2013
I may have to differ with the views of Shri Venu, as this is a clear-cut criminal case on account of falsification of documents and cheating on the part of the employee. Such type of offence should not be tolerated by any employer.

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