Untrustworthy

Forum Members:

We are based in NJ. Recently, one of our ee was about to be terminated for performance, however ee resigned before the termination. The separated ee has a "good" friend in HR, who takes care of ees personnel files. The HR manager, after completing the formalities, stored in inactive cabinet. After couple of days later, the HR manager happened to look for the former ee file, but could not find it immediately. Meanwhile, after 1/2 hour the missing found in ee friend's desk. When the ee friend was questioned, the ee could not give proper explanation, except saying "does not know" how the file got in to the desk. Actually, the missing file was on the top in a draw, which was opened many times during the day.

My question is: Is it considered dishonesty or untrustworthy or any other? If so, the ee’s friend can be terminated? Please advise.

Thank you.


Comments

  • 15 Comments sorted by Votes Date Added
  • Your post is a bit unclear. First you say the file was found in the desk of a friend in HR. Then you say the file was found "on the top in a drawer which was opened many times during the day". I'm not sure where the file was or what proof you have that the 'friend' had posession of the file or had moved it, or perhaps who else may have had access to the file 'opened many times during the day'. Based on what you post, I think you have no reason to take any action and be able to defend it. Your intuition is no doubt correct, but, I think you need to shore up your case a bit.
  • If I am reading correctly, it appears from the circumstantial evidence, that the "friend in HR" took the file from a secured area and placed it in his/her office in an unsecured file drawer that could have been seen by anyone.

    HR friend states they don't know how it got there. (Sure they do - they put it there!).

    There is no room in HR for individuals to "feed" information to others - friend or not. I assume others may have had access to the files, even though they probably would not have "planted" it in the HR friend drawer.

    Anyway....I would review the rules of confidentiality with respect to Human Resource information with this employee. I would also reiterate that it is a terminatable (sp) offense if confidential information is shared with the wrong person.

    Personally, I'd have a hard time trusting this person again and would keep my ears and eyes open if they were my employee.
  • What is your role in the scheme of things? Are you in a position to recommend, intervene, or supervise? I am guessing that the HR manager has a grip on the whole matter.
  • Forum Members:

    Thank you all for prompt responses. I agree with you that I was not clear where the file was.
    We keep all the personnel files in secured file cabinets by separating active and inactive files.
    The file in question was in the inactive cabinet, but turned out to be in HR ee personal desk draw, which friend opens many times a day.
    As a due process, I questioned HR ee but there was no explanation, except saying does not know how it got there. Further, when I asked did HR ee noticed while opening the desk draw and answer was
    no.

    My conclusion is HR ee would have destroyed some documents or may be the entire file would have been disappeared. I strongly believe that he had motive to help/protect his departed friend. I gave my findings to my boss and the decision will be made tomorrow.

  • Forum Members:

    Thank you all for prompt responses. I agree with you that I was not clear where the file was.
    We keep all the personnel files in secured file cabinets by separating active and inactive files.
    The file in question was in the inactive cabinet, but turned out to be in HR ee personal desk draw, which friend opens many times a day.
    As a due process, I questioned HR ee but there was no explanation, except saying does not know how it got there. Further, when I asked did HR ee noticed while opening the desk draw and answer was
    no.

    My conclusion is HR ee would have destroyed some documents or may be the entire file would have been disappeared. I strongly believe that he had motive to help/protect his departed friend. I gave my findings to my boss and the decision will be made tomorrow.

  • While the employee may have put it there, unless you want to just go on several assumptions and fire on an "at will basis", you should at least do an investigation and check out other possibilities based upon what you find.

    For example, are the cabinets locked? Who has keys? What is the procedure for taking files out of the cabinets? Who found the file in the emplyee's drawer? Was the drawer previosuly checked? Does the employee lock his desk?

    First find out what is normally done and then check for anything that could show intential mistatements and inconsistencies in anyone's account.

    While it is more likely than not based upon what you posted that the emplyee did take the file, I don't think you have established it by a preponderance of evidence and credibility of people invovled with the cabinets and the search, including the manager who fired the emplyee's friend. There may be reasons as yet undiscovered because there has been no investigation that some one had just a valid reason to get this employee fired and therefore placed the file in the employee's desk. May not turn out that way, but at least do something more than the superficial "well the file was in your desk."

    If it turns out with a preponderance of credible, circumstantial evidence that the employee most likely did it, then you would be on better basis to fire including the concept that the employee is untrustowrthy not only for taking the file in the first place but for not telling the truth.
  • Dear Forum Members:

    Thank you all for the valuable input. The incident is being further investigated and a decision will be made soon.

    Thank you again.
  • Who found the file and if it was not the terminated ees friend who found the file, why did the the person who found the file look in that desk?
  • Your instincts may be right on, but Hatchetman has made some good points. Termination on these grounds may not be justified. You are not in a court of law (yet), but if this EE is in a protected class and you terminate, be ready to start writing checks. Lawyers first, then the EE.
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-15-04 AT 07:40PM (CST)[/font][br][br]I'm still wondering what is the level/position of the person explaining this situation. Reading her/his posts, something just looks really suspicious. Syntax, grammar, position, authority to act, who is whom, etc? Sorry, I'm always a cynic!

    Example: "My conclusion is HR ee would have destroyed some documents may be the entire file would have been disappeared"
  • I sure agree with Don on this one.

    The poster is not responsive to the questions asked on the forum (what is your position in HR, etc.); also why are all of the posts shown as 29 total posts. Doesn't it click over everytime you post?
  • PRETTY SIMPLE, CHECK YOUR DISCIPLINE POLICY AND THE PART THAT IDENTIFYS EVERY POSSIBLE NEGATIVE ACTION UP TO AND INCLUDING TERMINATION. After finding that part that says this is a termination act: 'NOW FAMOUS WORDS' "YOUR ARE FIRED"!

    You might then investigate, your own department and identify how the file got out of the secure area, in the first place. Someone other than you, obviously helped, and should also be fired for sloppy security and control over confidential company material.

    Thanks for your post, this makes me want to go check our procedures. I have been noticing some piles of filing that needs to be done including whole files that have been reviewed by someone and they have not been re-filed.

    PORK
  • Dear Forum Members:

    I am surprised to note that I am hiding some thing from the forum members. There is nothing to hide from you all. I believed that forum members would provide proper advice based on the issues not on the person posting the message. Meanwhile, I wanted to clear some misconceptions about me.
    I work for a company with a workforce of 250 in HR department in a middle level position. I can authorize for disciplinary actions, including terminations.

    Going back to primary issue, further investigation revealed that the EE acknowledged that EE took the file from the inactive file cabinet and placed in the EE desk drawer. However, EE did not explain the purpose for removing the file. By not providing proper explanation, the Company lost the confidence and trust in EE, which resulted in termination. The final decision was taken after consulting company's attorney.

    I am sure some of you may not agree with the decision, I strongly believe that it was proper conclusion.

    Again thank you all.

  • [font size="1" color="#FF0000"]LAST EDITED ON 04-17-04 AT 04:53AM (CST)[/font][br][br]Termination seems to be a bit of an overreaction for this transgression. I could see reassigning the employee or perhaps just counseling and a final warning. What did the HR Manager say to you about the reasoning for the termination? Do you report directly to the HR Manager?
  • Dear Don:

    According to HR Manager, the EE in question was transferred to HR in June, 2003 and received following warnings in 9 months.
    1. Lateness - Verbal
    2. Absences - Written
    3. Performance / Incompetence - Counseling
    4. Performance / Incompetence - Written
    5. Insubordination - Written
    6. Dishonesty/Sabotage of operations
    Item #1, 2, 3 & 4 will consider as minor violations #5 & 6 will be major violations of employee misconduct. Based on the above reasons, I strongly support the company's decision.
    Meanwhile, for your other question, I do report directly to HR manager.

    Thank you again for your input.

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