Boss2966
Industrial Relations
Limbozel
Freelancer
+2 Others

Dear all,
I have a question. If an employee absconds and we come to know, he is joining another company, can we
1) sue his future employer for hiring an employee who is still in active status with our company
2) Legally, can we sue these absconders or inform his/her future employer in terms of his/her absconding here
3) Is there any agencies or consultants who does this
Because, we normally do not wish to spoil the future of employees, but still they do this. Please advice if there any legals aspects in this regard.
Regards
Gayathri
22nd August 2012 From India , Bangalore
Dear Gayathri

Hope the following reply will be sufficient to resolve your querry.

1) sue his future employer for hiring an employee who is still in active status with our company

A : You cannot sue against the present employer as the absconder may suppress the fact that he is still not relieved by you or he might not have disclosed about the employment with your organisation. But you can instruct the present employer to relieve him for conducting necessary disciplinary action for his absence without leave / absconding and further clearance procedure.

2) Legally, can we sue these absconders or inform his/her future employer in terms of his/her absconding here

A : You can send three letters to the absconder to report back on duty in 1 month period and further in last letter you can mention that it is understood that you are engaged in some other organisation. Then you can issue a show cause notice stating that why you cannot initiate any legal/disciplinary action against the absconder.

3) Is there any agencies or consultants who does this

You can use the services rendered by the Background verifying agencies. But for conducting inquiry/disciplinary action you must initiate from your office. But if the absconder is a contract employee, then you can instruct the contractor / outsourcing agency to initiate the disciplinary action and ask for the copy of proceedings duly conducted.
22nd August 2012 From India, Kumbakonam
Just in case anyone need to fill out an Employee Disciplinary form, I found a blank form in this link http://pdf.ac/9aOfxK. This site PDFfiller also has several related forms that you might find useful.
11th June 2015 From Philippines, Antipolo
I`ve also researched PDFfiller reviews on other sites and I found this: http://dms.cioreview.com/vendor/2015/pdffiller
21st October 2015 From United Kingdom, undefined
1/. if an employee continuous absent for longer period without any info, you have to initiate action against the defaulter employee as per your company policy
2/. Is the employee has any responsible position, he has supposed to handover and get NOC to join new employer.
3/. You can't sue his future employer, however, you can intimate him about your staff.
Thanks
7th August 2016
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