EMPLOYEE ON PROBATIONARY STATUS – WAS FOUND OUT LATER TO HAVE COMMITTED A GRIEVIOUS OFFENSE IN HIS PAST EMPLOYMENT

Karen is a part of a new company as an HR Supervisor . The recruitment process which she has seen in this new company is not that stern or strict. Currently, she is in the process of evaluating all processes and competencies of employees across all departments. She checked out  the personnel file of each and came  across one of the current employees'  file and there she found out that he had occupied a very high position from his previous company. This was actually based from the result of his background investigation. What surprised her most is what she had found out:  Said employee had a case of embezzlement of funds from his previous employer. Karen has no idea if it is a resolved or unresolved case. What she is more concern about is the effect of this case to his present company and another thing, can this person be trusted?

Question :  Can this case from his previous company enough grounds to terminate his employment from his present employer being that he is still under a probationary status?

Answer :         As what we have discussed in the previous posts about discipline and termination, there should always be a due process in every case therein.

                                As for this one, the HR Supervisor has to conduct a thorough investigation first before taking an action. Look at the employee’s filled-up application (when he was still applying for the job ) and if she answered the portion “Do you have any pending case or have you committed  a serious / grave offense in your past employments? “ .  If the concerned employee did not declare that he has pending administrative case from his past employments or his former company, then that could be an issue of dishonesty. Then, it is time now to check it on your Employee handbook if such offense is a ground for terminating him.

                                Although the employee is still on his probationary status, you have to secure some proof before giving him a verdict of termination . If you don't prove the accusation as dishonesty, another way to prove if he is worthy to become a regular employee is by appraising his performance objectively.

                                Karen as the HR Supervisor is right in her action to evaluate all the HR Processes. In this case, the Recruitment process. Since the result of the background investigation already posed some issues, then , they should have not considered the said employee . Remember, that all processes involved matters.