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requet to resign due to misconduct

melody
Member
Sat, 20 Oct 2018 12:00:18 PM  (Last updated: Sun, 21 Oct 2018 05:28:30 PM)

For more than1 year the Manager observed that this 1 staff has been using company cash casually (use and return, collected customer cash use first then when accounts cant tally, she returned). Recently the Manager decided to report this matter to the Management. Since he has no confidence to continue keep her in employment, he decided to talked with her, after she verbally admited to faults, he asked her submit resignation letter and end contract in good terms.

The next day she become defensive and said she has done nothing wrong. She accused the Manager for telling lies of her and terminates her unjustly. She demanded that the company should terminate this Manager for falsely accused her. She wants to bring in a lawyer for this case.

She did not submit any resignation letter. The company did not issue any termination letter. The company continues pay her salary although she stops comes to office and she continues send messages demanding company take action on this Manager or else she will sue the company. The Management tries to pacify the situation by asking her report to work while we continue investigate matters for proof (since it happened more than 1 year ago, proof was difficult to get).

I represents the company would like to ask for advise what should the Company do? The company also do not wish to continue pay salary for a rebellious staff like this but the company do not want to be caught in any legal battle.

Anyone here has any advise for me.

Thank you in advance

SuharinKL
Contributor
Sat, 20 Oct 2018 05:22:58 PM
Originally posted by melody on Sun, 21 Oct 2018 05:28:30 PM

For more than1 year the Manager observed that this 1 staff has been using company cash casually (use and return, collected customer cash use first then when accounts cant tally, she returned). Recently the Manager decided to report this matter to the Management. Since he has no confidence to continue keep her in employment, he decided to talked with her, after she verbally admited to faults, he asked her submit resignation letter and end contract in good terms.

The next day she become defensive and said she has done nothing wrong. She accused the Manager for telling lies of her and terminates her unjustly. She demanded that the company should terminate this Manager for falsely accused her. She wants to bring in a lawyer for this case.

She did not submit any resignation letter. The company did not issue any termination letter. The company continues pay her salary although she stops comes to office and she continues send messages demanding company take action on this Manager or else she will sue the company. The Management tries to pacify the situation by asking her report to work while we continue investigate matters for proof (since it happened more than 1 year ago, proof was difficult to get).

I represents the company would like to ask for advise what should the Company do? The company also do not wish to continue pay salary for a rebellious staff like this but the company do not want to be caught in any legal battle.

Anyone here has any advise for me.

Thank you in advance

Whatever the Company do, it would not stop the employee to file any claims agaisnt the Company. However by taking the proper procedure, the Company may have a strong case to defend. 

In my opinion, the Company may not punish/terminate the employee on the said issue of using cash collected by the customer at this stage. This is because, the issue may be regarded as already condoned by the Company after considering there is no formal dsciplinary action taken since the issue came to the Company's knowledge.

In this situation, the Company has to rely on other genuine misconduct (which recently discovered by the Company) in order to initiate a fresh disciplinary action agaisnt the employee. Thereon if found guilty,the Company may punish by terminating the said employee. 

Regards,

suharinsulaiman@gmail.com

melody
Member
Sun, 21 Oct 2018 05:28:30 PM
Originally posted by SuharinKL on Sat, 20 Oct 2018 05:22:58 PM

Whatever the Company do, it would not stop the employee to file any claims agaisnt the Company. However by taking the proper procedure, the Company may have a strong case to defend. 

In my opinion, the Company may not punish/terminate the employee on the said issue of using cash collected by the customer at this stage. This is because, the issue may be regarded as already condoned by the Company after considering there is no formal dsciplinary action taken since the issue came to the Company's knowledge.

In this situation, the Company has to rely on other genuine misconduct (which recently discovered by the Company) in order to initiate a fresh disciplinary action agaisnt the employee. Thereon if found guilty,the Company may punish by terminating the said employee. 

Regards,

suharinsulaiman@gmail.com

Your advises do make sense and it confirms my thoughts about this matter too.. 

The company should then give 2nd chance by assigning to new job scope. I think this is the best defense then to forgive and reinstate.

Thanks alot. 

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