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HR accusing for changing statement regarding drug test
18-Jan-2023 (In Labour & Service Law)
Hi Sir, I work in a private company with 24/7 working hours as a Manager.Following is the situation : 1.I gave a written statement for one of my direct reportees for entering the office premises under the influence of alcohol as he was caught by the security staff.Employee's statement at that time also supported the same. 2.The next day as employee stated that he was not under the influence of alcohol but due to medical reasons I marked a mail to HR that though last night I had given a statement for employee being under alcohol his point regarding a medical issue should also be considered. I also reminded that no alcohol test was conducted and employee had some medical issues in the 10-15 days preceding the incident. Though I still go with my first statement HR is stating that I am changing my statements which is not correct legally.What are my points for not being framed into "changing my statements" which I am being accused of by HR. Regards
You should not make changes in your statement based on the statement or claim made by the employee. Rather you should stick to your version and shall state only what you felt at its first place irrespective of the fact that whether alcohol test was done or not. What is required to be examined and what is not is a concern of the HR team. What is to be stated and proved before the HR is the concern of the accused employee. Your job is restricted only to the job of what you have determined when you met the employee when he was found under the influence of alcohol. If you felt that he was then say that only. And stick to that.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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You are not changing but merely clarifying. This is absolutely permissible and HR is unnecessarily intimidating you which is certainly a wrong. You just stick to your clarifications and do not buzz under coercion of your HR.
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Adv. Suraj Prakash
Delhi | 25+ Answers
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I don't see why you cannot alter/ amend/ modify your statement unless the intention is to cover-up a wrongdoing. Also what exactly is your culpability in this is difficult to see. I don't think you have much to worry about so long as you are stating the correct facts, including the facts which became known to you subsequent to giving the first statement.
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Adv. Salim Ambar Inamdar
Delhi | 25+ Answers
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