Respected Sir/Madam,
I have resigned from my current organisation and immediately two days after my resignation I am handed over Garden Leave letter where in they have mentioned about they are terminating my contract of employment ("termination of contract") with immediate effect and as per notice period my last day of employment with organisation will be (some date) ("Termination Date").
They have also mentioned certain guidelines/instructions to follow during garden leave until the Termination date.
Below is the background about what happened behind the scenes. Earlier few months ago I had sent one personal document(online police FIR report pdf) to my personal mail id which I had reported from office laptop, which triggered DLP(data loss prevention) mail to my manager as well as to me. Somehow I was protected by the manager and later the manager had given clear instructions to entire team not to send any document from office laptop.
After few months, I was in active search of a job as well as I was looking to buy a new house and for these reasons I wanted my appraisal letter(pdf) for future references. There is a portal which can be accessed outside of company network to download payslips and other tax related docs but this portal didn't have provision to download appraisal letter and hence I downloaded it from company's intranet website and tried to send it to my personal mail id which triggered DLP mail to manager and me. I immediately wrote a new mail to my manager for his approval to send these documents to my personal mail id and for which manager argued that why I didn't inform well in advance before sending these documents and I am acting like I am getting his prior approval before sending docs because I didn't reply to the DLP mail to get his approval and instead wrote a new mail to get his approval, but for which I argued that, I already know that this has triggered a DLP mail to him along with me, I just thought to write a new mail instead of replying to the DLP mail and there is nothing to hide/'act like getting his prior approval' anything like that.
The second thing is, even on one of their internal websites' it has mentioned that employees can send their appraisal document to personal mail id if anyone is required to get the pre-approved loan provided it should be password protected which I was not knowing. Later on, I also raised a ticket on companies hr portal stating I need appraisal document for future references(future employers ask this document for reference) and hr also said I can send this document provided it should be password protected and hr didn't mention I need manager approval before sending this document. And just after downloading I tried to send this document to my personal mail id which triggered DLP(before asking hr). Even though I have sent this document (which is a very commonly accessed personal document)before asking anyone, is it considered as my betrayal/dishonesty to manager or the organisation?
My manager shouted me right after this incident, and after 3 days of this incident when I resigned, right after 2 days hr came to my desk and we had a discussion with few others and manager argued whatever I have explained above but I mentioned that it is not that I cannot send this document to my personal mail id at all, but it should have been MANUALLY password protected which I was unaware. There are systems which automatically password protect the documents when sent through companies network, but I was totally unaware that we should manually password protect it.
I need help to understand (Please refer below section for details/clauses in my offer letter)
1. will my garden leave letter create any issues in future employments?
2. should I treat this as my suspension?
3. hr cited, for various business reasons I have been given garden leave, should I consider it's not only because of the DLP that I am receiving this letter or is the DLP issue the main reason behind this?
4. what step I need to take to safeguard my future career with other employers
5. Or should I treat this as normal without worrying as I am the one who initiated my resignation first?
Below is my offer letter details/clauses
Notice Period :
After the notice to terminate your employment has been given by the company or you, the Company may in its absolute discretion, for all or any part of the notice period (the 'Garden Leave Period'):
- relieve you of any of your duties
- assign to you reduced or alternative duties
- exclude you from offices of the company
such action shall not constitute a breach of this Contract of employment nor shall you have any claim against the Company in respect of such action.
Your obligations as an employee, including your duties of fidelity and confidentiality will continue throughout the Garden Leave Period.
Upon termination of you employment for whatever reason - you shall immediately return all properties belonging to the company.
Summary dismissal:
Without prejudice to Clause x(notice period) above, the Company may elect to terminate your employment summarily (i.e without notice or wages in lieu) in the following circumstances -
1. if you, in relation to your employment:
a. Willfully disobey a lawful and reasonable order
b. Engage in misconduct including conduct being inconsistent with the due and faithful discharge of your duties
c. Are guilty of fraud or dishonesty
d. Are habitually neglectful in your duties
2. on any other ground on which the Company would be entitled to terminate your employment without notice
Suspension :
The company reserves the right at any time during your employment to exclude you from the premises of the Company and require you not to attend work and or not to undertake any or all of you duties, with or without pay, in accordance with applicable law("Suspension Period").
During the Suspension Period, you continue to be an employee and shall remain readily contactable by the Company and, if so requested, you shall report for work at such time and place as the Company may require. Your obligations as an employee, including your duties of fidelity and confidentiality will continue through the Suspension Period.
From India, Mumbai
I have resigned from my current organisation and immediately two days after my resignation I am handed over Garden Leave letter where in they have mentioned about they are terminating my contract of employment ("termination of contract") with immediate effect and as per notice period my last day of employment with organisation will be (some date) ("Termination Date").
They have also mentioned certain guidelines/instructions to follow during garden leave until the Termination date.
Below is the background about what happened behind the scenes. Earlier few months ago I had sent one personal document(online police FIR report pdf) to my personal mail id which I had reported from office laptop, which triggered DLP(data loss prevention) mail to my manager as well as to me. Somehow I was protected by the manager and later the manager had given clear instructions to entire team not to send any document from office laptop.
After few months, I was in active search of a job as well as I was looking to buy a new house and for these reasons I wanted my appraisal letter(pdf) for future references. There is a portal which can be accessed outside of company network to download payslips and other tax related docs but this portal didn't have provision to download appraisal letter and hence I downloaded it from company's intranet website and tried to send it to my personal mail id which triggered DLP mail to manager and me. I immediately wrote a new mail to my manager for his approval to send these documents to my personal mail id and for which manager argued that why I didn't inform well in advance before sending these documents and I am acting like I am getting his prior approval before sending docs because I didn't reply to the DLP mail to get his approval and instead wrote a new mail to get his approval, but for which I argued that, I already know that this has triggered a DLP mail to him along with me, I just thought to write a new mail instead of replying to the DLP mail and there is nothing to hide/'act like getting his prior approval' anything like that.
The second thing is, even on one of their internal websites' it has mentioned that employees can send their appraisal document to personal mail id if anyone is required to get the pre-approved loan provided it should be password protected which I was not knowing. Later on, I also raised a ticket on companies hr portal stating I need appraisal document for future references(future employers ask this document for reference) and hr also said I can send this document provided it should be password protected and hr didn't mention I need manager approval before sending this document. And just after downloading I tried to send this document to my personal mail id which triggered DLP(before asking hr). Even though I have sent this document (which is a very commonly accessed personal document)before asking anyone, is it considered as my betrayal/dishonesty to manager or the organisation?
My manager shouted me right after this incident, and after 3 days of this incident when I resigned, right after 2 days hr came to my desk and we had a discussion with few others and manager argued whatever I have explained above but I mentioned that it is not that I cannot send this document to my personal mail id at all, but it should have been MANUALLY password protected which I was unaware. There are systems which automatically password protect the documents when sent through companies network, but I was totally unaware that we should manually password protect it.
I need help to understand (Please refer below section for details/clauses in my offer letter)
1. will my garden leave letter create any issues in future employments?
2. should I treat this as my suspension?
3. hr cited, for various business reasons I have been given garden leave, should I consider it's not only because of the DLP that I am receiving this letter or is the DLP issue the main reason behind this?
4. what step I need to take to safeguard my future career with other employers
5. Or should I treat this as normal without worrying as I am the one who initiated my resignation first?
Below is my offer letter details/clauses
Notice Period :
After the notice to terminate your employment has been given by the company or you, the Company may in its absolute discretion, for all or any part of the notice period (the 'Garden Leave Period'):
- relieve you of any of your duties
- assign to you reduced or alternative duties
- exclude you from offices of the company
such action shall not constitute a breach of this Contract of employment nor shall you have any claim against the Company in respect of such action.
Your obligations as an employee, including your duties of fidelity and confidentiality will continue throughout the Garden Leave Period.
Upon termination of you employment for whatever reason - you shall immediately return all properties belonging to the company.
Summary dismissal:
Without prejudice to Clause x(notice period) above, the Company may elect to terminate your employment summarily (i.e without notice or wages in lieu) in the following circumstances -
1. if you, in relation to your employment:
a. Willfully disobey a lawful and reasonable order
b. Engage in misconduct including conduct being inconsistent with the due and faithful discharge of your duties
c. Are guilty of fraud or dishonesty
d. Are habitually neglectful in your duties
2. on any other ground on which the Company would be entitled to terminate your employment without notice
Suspension :
The company reserves the right at any time during your employment to exclude you from the premises of the Company and require you not to attend work and or not to undertake any or all of you duties, with or without pay, in accordance with applicable law("Suspension Period").
During the Suspension Period, you continue to be an employee and shall remain readily contactable by the Company and, if so requested, you shall report for work at such time and place as the Company may require. Your obligations as an employee, including your duties of fidelity and confidentiality will continue through the Suspension Period.
From India, Mumbai
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Employment termination justified in case of long leave.pdf
Karnataka Leave.xlsx