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Lavika (HR Executive)     19 May 2016

Recruitment consultant trying to defaml

Dear All,

I am working in a company as a HR manager.We have a consultant who is providing us candidates and charging the candidates for recruitment.last week we had shortlisted their candidate and put on hold for sometime.We did not offer the candidate.today management freezed the position so we conveyed them that we cant hire them.

After that He copied our employees id and started circulating very rude emails and tried to defame and hamper my career through negative mails

 

I have attached the file.I want to sue him for defamation because he intentionally put all employees and hamper my reputation.Please guide me how I can proceed

 



 11 Replies

Kumar Doab (FIN)     19 May 2016

The candidate was selected and joining date was not given.

It is mentioned that the payment has been put on hold (might be by last employer).

You have mentioned empannelment is cancelled.

There seems to be no element of defamation.

Both parties should understand each other's stakes. 

Still you may engage an able counsel and discuss in person.

Mukesh sharma (job )     19 May 2016

Hi Lavika your company hire employee from some other constulatncy and you pay them charge per person for hire 

in this case you hire this person and not give him any postion and hold postion till you management freeze the post  and you deny him for this candidate 

so you need to talk with this regarding this and if he dont stop this to doing then you give application in police station

as per IT section you provide them copy of you mail 

 

 

Lavika (HR Executive)     19 May 2016

Dear All, Might be my question is not clear to you.I tell you in brief.This person is a consultant who randomly provide us candidates and do not charge from us.They charge from candidates.We had an opening for photographer.We schedule interviews.They sent one candidate who was ok-ok.so we asked them to put it on hold while we could search some other candidates.If we wouldnt have find some good candidates then we would have been hire him.But after 5-6 days company ask to focus on other requirement and freeze the position for some time.There was no communication of offer letter/appointment letter from our side.So we had all rights to decide.

Now payment holding scenario which he is talking about is a full and final payment of an ex employee.which we will pay as per our within 45 days policy.That is a different thing.Person is trying to amalgamate the things and trying to highlight such issue,previous company issues to degrade me.We are the HR.we work as per the directions of managment. You can check his language in mail.Keeping unnecessary people in mail.All his intentions are clear.

I am very embarrased and tensed due to this non sense

Lavika (HR Executive)     19 May 2016

Originally posted by : Mukesh sharma
Hi Lavika your company hire employee from some other constulatncy and you pay them charge per person for hire 

in this case you hire this person and not give him any postion and hold postion till you management freeze the post  and you deny him for this candidate 

so you need to talk with this regarding this and if he dont stop this to doing then you give application in police station

as per IT section you provide them copy of you mail 

 

 


Dear sir, Please understand Hire is a different thing.We did not offer him.We just shortlisted him.No offer letter and no employment letter was given.Hiring to huyi hi nhi..he was put on hold till we find any other good option

Lavika (HR Executive)     19 May 2016

Originally posted by : Mukesh sharma
Hi Lavika your company hire employee from some other constulatncy and you pay them charge per person for hire 

in this case you hire this person and not give him any postion and hold postion till you management freeze the post  and you deny him for this candidate 

so you need to talk with this regarding this and if he dont stop this to doing then you give application in police station

as per IT section you provide them copy of you mail 

 

 


Dear sir, Please understand Hire is a different thing.We did not offer him.We just shortlisted him.No offer letter and no employment letter was given.Hiring to huyi hi nhi..he was put on hold till we find any other good option.In your language he applied,get into waiting list,if some good candidate will back out then he will be hired.Till than he is just a on hold candidate.

Lavika (HR Executive)     19 May 2016

Originally posted by : Kumar Doab
The candidate was selected and joining date was not given.

It is mentioned that the payment has been put on hold (might be by last employer).

You have mentioned empannelment is cancelled.

There seems to be no element of defamation.

Both parties should understand each other's stakes. 

Still you may engage an able counsel and discuss in person.

He was not selected.He was shortlisted.There is big difference between shortlisted and offered candidate.Empanelment was cancelled as there was no special condition to terminate the empanelment.That person put my company's employees in loop and use such rubbish language just to defame me.

Mukesh sharma (job )     19 May 2016

Hi lavika iam sorry for that iam try to give you my best suggestion 

could you have any contract  in written if yes than tell them clearly your fuland final as per contract policy and he did not do any type of action on

on last as he sent you this mail plz first talk to your management tell them al story and ask them to take action on coz he sent this type of mail than your compny why not take any action on it forget past company issue and focus on  work 

thanks 

 

1 Like

Mukesh sharma (job )     19 May 2016

Hi lavika iam sorry for that iam try to give you my best suggestion 

could you have any contract  in written if yes than tell them clearly your fuland final as per contract policy and he did not do any type of action on

on last as he sent you this mail plz first talk to your management tell them al story and ask them to take action on coz he sent this type of mail than your compny why not take any action on it forget past company issue and focus on  work 

thanks 

 

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     21 May 2016

KINDLY NOTE THAT

1. YOU ARE A HR IN CO.AND THE OTHER PERSON IS CONSULTANT PROVIDING CANDIDATES FOR POSTS.

2. AS NO APPOINTMENT LETTER WAS ISSUED TO ANY CANDIDATE , THE SAID CONSULTANT IS WRONG AND IS UNNECESSARILY  HARASSING YOU.

3. AS INSPITE OF CLARIFICATIONS FROM YOUR SIDE THE SAID CONSULTANT IS ADAMANT AND IS TRYING TO DEFAME YOU , YOU HAVE TO TAKE STRICT LEGAL ACTION AGAINST HIM.

4. YOU HAVE TWO OPTIONS .YOU MAY FILE A CRIMINAL CASE IN THE COURT MENTIONING ALL FACTS AND BY ENCLOSING THE PRINT OUTS OF EMAILS AND OTHER DEFAMATORY STATEMENTS MADE BY THE SAID CONSULTANT..COURT WILL HEAR YOU AND WILL ISSUE PROCESS AGAINST THE SAID ACCUSED WHO IS CONSULTANT AND ORDER THE SR.POLICE INSPECTOR IN THE AREA CONCERNED TO INVESTIGATE THE CASE.

5. YOU HAVE ANOTHER OPTION TO FILE A CIVIL SUIT FOR DEFAMATION AND FOR COMPENSATION BY ENCLOSING ALL DETAILS OF ENTIRE CORRESPONDENCE AND DEFAMATORY STATEMENTS MADE BY THE SAID CONSULTANT BY ENCLOSING THE COPIES OF SAID WRITTEN DEFAMATION .

YOU MAY WRITE AND SEND FURTHER DETAILS FOR ANY FURTHER HELP .

GOOD LUCK.

NANDKUMAR B.SAWANT.,M.COM.LL.B.,ADVOCATE HIGH COURT.

1 Like

Mukesh sharma (job )     24 May 2016

Hi lavika you may follow the nand kum ar sir decision and file case in court other you give application in police station as you like easy you do it 

their no other way to stop him 

thanks

 

1 Like

Sudhir Kumar (Dy Director)     26 May 2016

Action for defamation can lie only if any allegation made by him is false. 


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