Thanks Everyone.. I worked with BPO MNC and they have this email policy of not sending data outside. My intent was to keep my good work in my records. And we both agree that this issue is punishable. However, my point here are:
1) After investigation it was found that the presentation didn't went out of network so no damage happened as it was blocked by firewall. Even I got the message in my mailbox. (Also said by compliance officer).
2) Both HR & Compliance officer told me that the issue is resolved and this will not impact my future.
3) The company has a policy of issue verbal warning, corrective action plans etc. for mistake and termination/legal action is top most punishment.
I am simply saying that I agree I did a mistake, gave written apology and also leaving their company. Why do they want to issue a termination which will kill my entire career specially when the damage didn't happened. Is it worth for anyone. Are they just spoiling my life to set an example. Is it a realistic punishment... they can simply blacklist me in their company and ask for monetory fine. Why termination. and if they do so, can I ask Indian judicial system to help me.
From India, Gurgaon
21) After investigation it was found that the presentation didn't went out of network so no damage happened as it was blocked by firewall. Even I got the message in my mailbox. (Also said by compliance officer).
2) Both HR & Compliance officer told me that the issue is resolved and this will not impact my future.
3) The company has a policy of issue verbal warning, corrective action plans etc. for mistake and termination/legal action is top most punishment.
I am simply saying that I agree I did a mistake, gave written apology and also leaving their company. Why do they want to issue a termination which will kill my entire career specially when the damage didn't happened. Is it worth for anyone. Are they just spoiling my life to set an example. Is it a realistic punishment... they can simply blacklist me in their company and ask for monetory fine. Why termination. and if they do so, can I ask Indian judicial system to help me.
From India, Gurgaon
Dear, From the factual details given, you would come within the definition of 'workman' as per the Industrial Disputes Act 1947. It provides remedy in case of unmerited termination of service. You can invoke the machinery provided under the Act, on receipt of the termination notice. Since you have accepted the charges and apologised for the same, the scope of your challenge could center on the excessive punishment as pointed out by Shri KamalKant. As the offending e-mail was send for keeping record and not to any outside party, the offence is a minor one and cannot result in termination of service.
As suggested you could try to talk it out with your ex-HR, compliance officer or any one else and make it very clear that if they issue termination order or harm your career further, you will not take it lying low but would use legal recourse.
From India, Bhopal
As suggested you could try to talk it out with your ex-HR, compliance officer or any one else and make it very clear that if they issue termination order or harm your career further, you will not take it lying low but would use legal recourse.
From India, Bhopal
One thing surprises me. When a High profile has cooly been absorbed by another company; middle management staffs face these kind of threats. It is for the company to understand your case and accept you and not bother about the old company.
Yes you should be careful and for all sake do not use your personal internet in office.
From Saudi Arabia
Yes you should be careful and for all sake do not use your personal internet in office.
From Saudi Arabia
Any project work you do as part of your employment, becomes property of the company . (Offer letter would have this clause). So technically, it is not your property.
Since the HR and compliance officers have clarified that this case is closed, you got to believe them.
What you learnt from your colleague, could just be a case of mis-communication.
Having worked for 9 years, I am sure, you would have taken a proper relieving from your ex-employer. After issuing relieving letter, company cannot issue termination letter. This itself is an evidence that your case is closed and there is no reason to worry. (Unless there are few other mistakes of yours, which was found out now).
Had there been findings of any other wrong doings, the company still cannot issue termination letter, but can file suit against you on both civil and criminal count. They can file suit only after sending legal notice, seeking explanation.
If the mistake which you have referred here is the only one which you did, don't worry, you are safe.
From India, Madras
Since the HR and compliance officers have clarified that this case is closed, you got to believe them.
What you learnt from your colleague, could just be a case of mis-communication.
Having worked for 9 years, I am sure, you would have taken a proper relieving from your ex-employer. After issuing relieving letter, company cannot issue termination letter. This itself is an evidence that your case is closed and there is no reason to worry. (Unless there are few other mistakes of yours, which was found out now).
Had there been findings of any other wrong doings, the company still cannot issue termination letter, but can file suit against you on both civil and criminal count. They can file suit only after sending legal notice, seeking explanation.
If the mistake which you have referred here is the only one which you did, don't worry, you are safe.
From India, Madras
Dear Kamal,
I quit my previous organisation after 2.5 yrs as i got a good opportunity and this was communicated to my immediate supervisor where he agreed but asked me 30 days of notice period, I informed him that i can give only 15 days notice as need to resume the new organisation.
He told me that 15 days is not required you resign from immediate effect and complete your resignation formalities my meeting the HR. After meeting the HR she confirmed that I will not be marked as Absconded as I have already completed the formalities of sending my resignation through mail and exit form filling.
Next day i got a call from the same HR stating that Its a CEO decision to mark me as Absconding and sorry for the wrong commitment.
This friday i came to know that there was a Account Manager who is alsi a good friend of mine was relived by giving 15 days notice period .
Request you to kindly suggest the next steps.
Regards,
Amin Shaikh
From India, Taramani
I quit my previous organisation after 2.5 yrs as i got a good opportunity and this was communicated to my immediate supervisor where he agreed but asked me 30 days of notice period, I informed him that i can give only 15 days notice as need to resume the new organisation.
He told me that 15 days is not required you resign from immediate effect and complete your resignation formalities my meeting the HR. After meeting the HR she confirmed that I will not be marked as Absconded as I have already completed the formalities of sending my resignation through mail and exit form filling.
Next day i got a call from the same HR stating that Its a CEO decision to mark me as Absconding and sorry for the wrong commitment.
This friday i came to know that there was a Account Manager who is alsi a good friend of mine was relived by giving 15 days notice period .
Request you to kindly suggest the next steps.
Regards,
Amin Shaikh
From India, Taramani
Dear Amin,
My suggestion to you would be that you talk to the management directly. Tell them what happened and also tell the CEO that HR gave you this option otherwise you would have given the 15 days notice atleast. Also send this information through post to your management either speed post or registered post. This is definitely wrong and this should come to the knowledge of the CEO. If they still treat you absconding you will have the proof as to you are not absconding but in touch with the Management and the issue is different. In that letter you can say that so and so account manager is relieved in 15 days..
Feel free to revert in case of further doubt...
From India, New Delhi
My suggestion to you would be that you talk to the management directly. Tell them what happened and also tell the CEO that HR gave you this option otherwise you would have given the 15 days notice atleast. Also send this information through post to your management either speed post or registered post. This is definitely wrong and this should come to the knowledge of the CEO. If they still treat you absconding you will have the proof as to you are not absconding but in touch with the Management and the issue is different. In that letter you can say that so and so account manager is relieved in 15 days..
Feel free to revert in case of further doubt...
From India, New Delhi
Thanks Mr Kamal for this valuable information but this was the decision of the CEO. Each and every decision is depend on him whether is it admin work or HR he is the one who decides what is correct and what is wrong. Because when I got a call from HR she said that sorry for giving the wrong commitment as per CEO decision you have been marked as ABSCONDED.So can't understand what to do now as I did what was assured by my immediate supervisor & HR manager.
I talked to my HR when they have sent me recovery amount notice but when i asked them that can I get my reliving letter after paying the dues they said no.
Is there any clause where Co. can deny reliving letter to their employee if they are ready to clear the notice period recovery dues.
Please suggest....
From India, Taramani
I talked to my HR when they have sent me recovery amount notice but when i asked them that can I get my reliving letter after paying the dues they said no.
Is there any clause where Co. can deny reliving letter to their employee if they are ready to clear the notice period recovery dues.
Please suggest....
From India, Taramani
Dear Friend
Adding point to your, views and following thread .
As all veterans briefed what happened was mistake and by fire wall tech it didnot go .
Donot rely on Oral Info until its true by all means .
Neither you can rely on your compliance officer\'s info .
They would have asked not to tell info as it would have been a vital PPT.
Did you get a resignation acceptance letter .
If you had not done that or did it its late now .
Please do soft follow up for the relieving letter or release letter or experience cerificate with the reason mentioned in it .
The reason you can mention is PF pension purpose. In some cases if the organisation is managing the PF accumulations thro\' Pf trust , to withdraw the pension portion they need a copy of it .
This also changes co to co .
Please take a one more opinion also from HR veterans .
Regs
Balaji
From India, Bangalore
Adding point to your, views and following thread .
As all veterans briefed what happened was mistake and by fire wall tech it didnot go .
Donot rely on Oral Info until its true by all means .
Neither you can rely on your compliance officer\'s info .
They would have asked not to tell info as it would have been a vital PPT.
Did you get a resignation acceptance letter .
If you had not done that or did it its late now .
Please do soft follow up for the relieving letter or release letter or experience cerificate with the reason mentioned in it .
The reason you can mention is PF pension purpose. In some cases if the organisation is managing the PF accumulations thro\' Pf trust , to withdraw the pension portion they need a copy of it .
This also changes co to co .
Please take a one more opinion also from HR veterans .
Regs
Balaji
From India, Bangalore
As you admit to making a mistake and as it was prevented on time due to the company's firewall, it reflects badly on your professionalism and work ethics. Having received so many accolades you should have at least not tried to "steal" the presentation of what you have done and use it elsewhere someday in the future which is what your intent stands out to be. Frankly speaking, never carry your professional baggage (IP) from one company to another with the hope that it may be useful. It does not help. It's never quite that useful unless you are joining a competitor company.
Having said that, initiate a dialogue with the Compliance guys and see to it that the matter is sorted out at the highest level. Volunteer to escalate the matter through dialogue and keep your intent straight... that you wanted to preserve a copy of your supposedly 'own' work. I may be wrong here in my assumption. You know it better. But at the end of the day, your work is your company's IP. You were paid to do it.
As a kid we have learnt that stealing is bad but as we grow older the distinction gets blurred categorically which is why we have netas all around us.
Like Adv. Pant mentioned the quantum of punishment meted out is important. In this case TALK , TALK , TALK and dissuade the compliance fellow to do what he is allegedly planning to do. If required, as a good Indian citizen who is very law abiding, you can try and 'buy' him out through some innocent bribery... maybe a meeting at CCD, or Barista, or someplace where you guys can chat like good ol' friends. Of course the level of 'bribery' is up to you.
If nothing works, try suing him for 'character assassination' , workplace harassment (man against man), intimidation, etc. and put his career at stake. You will need a smart lawyer for that buddy. Also before you jump the gun make sure your little birdie who gave you such 'reliable' information is equally trustworthy. Or else, give him some of your 'accolades' !!
Live life simple. All the ppts and projects we make throughout our life will remain in our unused email when we die. What do we do with it after that? Let it be where it belongs. Move on in life. I am talking from experience and realization.
Happy New Year to you.
Saurav Das
From India, Mumbai
Having said that, initiate a dialogue with the Compliance guys and see to it that the matter is sorted out at the highest level. Volunteer to escalate the matter through dialogue and keep your intent straight... that you wanted to preserve a copy of your supposedly 'own' work. I may be wrong here in my assumption. You know it better. But at the end of the day, your work is your company's IP. You were paid to do it.
As a kid we have learnt that stealing is bad but as we grow older the distinction gets blurred categorically which is why we have netas all around us.
Like Adv. Pant mentioned the quantum of punishment meted out is important. In this case TALK , TALK , TALK and dissuade the compliance fellow to do what he is allegedly planning to do. If required, as a good Indian citizen who is very law abiding, you can try and 'buy' him out through some innocent bribery... maybe a meeting at CCD, or Barista, or someplace where you guys can chat like good ol' friends. Of course the level of 'bribery' is up to you.
If nothing works, try suing him for 'character assassination' , workplace harassment (man against man), intimidation, etc. and put his career at stake. You will need a smart lawyer for that buddy. Also before you jump the gun make sure your little birdie who gave you such 'reliable' information is equally trustworthy. Or else, give him some of your 'accolades' !!
Live life simple. All the ppts and projects we make throughout our life will remain in our unused email when we die. What do we do with it after that? Let it be where it belongs. Move on in life. I am talking from experience and realization.
Happy New Year to you.
Saurav Das
From India, Mumbai
Hello Anonymous,
The first thing you should do is to discuss this matter with your ex- HR and your ex- reporting manager, confirm the matter before going for any legal action. I completely agree with all the above mentioned replies, you have done very big mistake. Any confidential information has not be shared.
If they wants to take any action against you, for that a proper inquiry needs to be done.I can only suggest you to request them to relieve you instead terminate you considering all the facts and your performance during the tenure.
From India, Mumbai
The first thing you should do is to discuss this matter with your ex- HR and your ex- reporting manager, confirm the matter before going for any legal action. I completely agree with all the above mentioned replies, you have done very big mistake. Any confidential information has not be shared.
If they wants to take any action against you, for that a proper inquiry needs to be done.I can only suggest you to request them to relieve you instead terminate you considering all the facts and your performance during the tenure.
From India, Mumbai
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