Thanks, Everyone. I worked with a BPO MNC, and they have this email policy of not sending data outside. My intent was to keep my good work in my records. We both agree that this issue is punishable. However, my points here are:
1) After the investigation, it was found that the presentation didn't go out of the network, so no damage happened as it was blocked by the firewall. Even I got the message in my mailbox (also confirmed by the compliance officer).
2) Both HR and Compliance officers told me that the issue is resolved and this will not impact my future.
3) The company has a policy of issuing verbal warnings, corrective action plans, etc., for mistakes, and termination/legal action is the most severe punishment.
I am simply saying that I agree I made a mistake, provided a written apology, and am also leaving their company. Why do they want to issue a termination which will potentially ruin my entire career, especially when no damage occurred? Is it worth it for anyone? Are they just ruining my life to set an example? Is it a realistic punishment? They could simply blacklist me in their company and ask for a monetary fine. Why termination? And if they do so, can I ask the Indian judicial system to help me.
From India, Gurgaon
Acknowledge(0)
Amend(0)
21) After the investigation, it was found that the presentation didn't go out of the network, so no damage happened as it was blocked by the firewall. Even I got the message in my mailbox (also confirmed by the compliance officer).
2) Both HR and Compliance officers told me that the issue is resolved and this will not impact my future.
3) The company has a policy of issuing verbal warnings, corrective action plans, etc., for mistakes, and termination/legal action is the most severe punishment.
I am simply saying that I agree I made a mistake, provided a written apology, and am also leaving their company. Why do they want to issue a termination which will potentially ruin my entire career, especially when no damage occurred? Is it worth it for anyone? Are they just ruining my life to set an example? Is it a realistic punishment? They could simply blacklist me in their company and ask for a monetary fine. Why termination? And if they do so, can I ask the Indian judicial system to help me.
From India, Gurgaon
Acknowledge(0)Amend(0)
Dear,
From the factual details given, you would come within the definition of 'workman' as per the Industrial Disputes Act 1947. It provides a remedy in case of unmerited termination of service. You can invoke the machinery provided under the Act upon receipt of the termination notice. Since you have accepted the charges and apologized 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 sent for record-keeping purposes and not to any outside party, the offense is a minor one and cannot result in termination of service.
As suggested, you could try to discuss it with your ex-HR, compliance officer, or anyone else and make it very clear that if they issue a termination order or harm your career further, you will not take it lying low but would use legal recourse.
From India, Bhopal
Acknowledge(0)Amend(0)
From the factual details given, you would come within the definition of 'workman' as per the Industrial Disputes Act 1947. It provides a remedy in case of unmerited termination of service. You can invoke the machinery provided under the Act upon receipt of the termination notice. Since you have accepted the charges and apologized 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 sent for record-keeping purposes and not to any outside party, the offense is a minor one and cannot result in termination of service.
As suggested, you could try to discuss it with your ex-HR, compliance officer, or anyone else and make it very clear that if they issue a termination order or harm your career further, you will not take it lying low but would use legal recourse.
From India, Bhopal
Acknowledge(0)Amend(0)
One thing surprises me. When a high-profile individual has been acquired by another company, middle management staff face these kinds of threats. It is important for the company to understand your situation, accept you, and not worry about your previous employer. Yes, you should be careful and, for everyone's sake, do not use your personal internet in the office.
From Saudi Arabia
Acknowledge(0)Amend(0)
From Saudi Arabia
Acknowledge(0)Amend(0)
Any project work you do as part of your employment becomes the 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 have to believe them.
What you learned from your colleague could just be a case of miscommunication.
Having worked for 9 years, I am sure you would have received a proper relieving letter from your ex-employer. After issuing the relieving letter, the company cannot issue a termination letter. This itself is evidence that your case is closed, and there is no reason to worry (unless there are a few other mistakes of yours that were found out now).
If there had been findings of any other wrongdoing, the company still cannot issue a termination letter but can file a suit against you on both civil and criminal counts. They can file a suit only after sending a legal notice seeking an explanation.
If the mistake you have referred to here is the only one you made, don't worry, you are safe.
From India, Chennai
Acknowledge(0)Amend(0)
Since the HR and compliance officers have clarified that this case is closed, you have to believe them.
What you learned from your colleague could just be a case of miscommunication.
Having worked for 9 years, I am sure you would have received a proper relieving letter from your ex-employer. After issuing the relieving letter, the company cannot issue a termination letter. This itself is evidence that your case is closed, and there is no reason to worry (unless there are a few other mistakes of yours that were found out now).
If there had been findings of any other wrongdoing, the company still cannot issue a termination letter but can file a suit against you on both civil and criminal counts. They can file a suit only after sending a legal notice seeking an explanation.
If the mistake you have referred to here is the only one you made, don't worry, you are safe.
From India, Chennai
Acknowledge(0)Amend(0)
Dear Kamal,
I quit my previous organization after 2.5 years as I got a good opportunity. This was communicated to my immediate supervisor, where he agreed but asked for a 30-day notice period. I informed him that I can only give a 15-day notice as I need to start at the new organization.
He told me that 15 days are not required, and I should resign with immediate effect and complete my resignation formalities by meeting with HR. After meeting with HR, she confirmed that I would not be marked as Absconded since I had already completed the formalities of sending my resignation through email and filling out the exit form.
The next day, I received a call from the same HR stating that it is the CEO's decision to mark me as Absconding and apologized for the incorrect commitment.
This Friday, I found out that an Account Manager who is also a good friend of mine was relieved by giving a 15-day notice period.
I request your suggestions on the next steps.
Regards,
Amin Shaikh
From India, Taramani
Acknowledge(0)Amend(0)
I quit my previous organization after 2.5 years as I got a good opportunity. This was communicated to my immediate supervisor, where he agreed but asked for a 30-day notice period. I informed him that I can only give a 15-day notice as I need to start at the new organization.
He told me that 15 days are not required, and I should resign with immediate effect and complete my resignation formalities by meeting with HR. After meeting with HR, she confirmed that I would not be marked as Absconded since I had already completed the formalities of sending my resignation through email and filling out the exit form.
The next day, I received a call from the same HR stating that it is the CEO's decision to mark me as Absconding and apologized for the incorrect commitment.
This Friday, I found out that an Account Manager who is also a good friend of mine was relieved by giving a 15-day notice period.
I request your suggestions on the next steps.
Regards,
Amin Shaikh
From India, Taramani
Acknowledge(0)Amend(0)
Dear Amin,
I quit my previous organization after 2.5 years as I got a good opportunity, and I communicated this to my immediate supervisor. He agreed but asked for a 30-day notice period. I informed him that I could only give a 15-day notice as I needed to start at the new organization.
He then told me that 15 days were not required, and I should resign with immediate effect and complete the formalities by meeting with HR. After meeting with HR, she confirmed that I would not be marked as absconded since I had already completed the formalities by sending my resignation through email and filling out the exit form.
The next day, I received a call from the same HR stating that it was the CEO's decision to mark me as absconding and apologizing for the incorrect commitment.
This Friday, I found out that an Account Manager, who is also a good friend of mine, was relieved with a 15-day notice period.
I suggest that you speak directly to the management about the situation. Inform them of what occurred and let the CEO know that HR provided you with this option; otherwise, you would have given at least a 15-day notice. Additionally, send this information to your management via post, either through speed post or registered post. This is clearly unjust, and the CEO should be made aware of it. If they still consider you as absconding, you will have evidence that you are not absconding but in contact with the management, and the issue is different. In that letter, you can mention that another account manager was given a 15-day notice period.
Feel free to reach out if you have any further doubts.
Regards,
Amin Shaikh
From India, New Delhi
Acknowledge(0)Amend(0)
I quit my previous organization after 2.5 years as I got a good opportunity, and I communicated this to my immediate supervisor. He agreed but asked for a 30-day notice period. I informed him that I could only give a 15-day notice as I needed to start at the new organization.
He then told me that 15 days were not required, and I should resign with immediate effect and complete the formalities by meeting with HR. After meeting with HR, she confirmed that I would not be marked as absconded since I had already completed the formalities by sending my resignation through email and filling out the exit form.
The next day, I received a call from the same HR stating that it was the CEO's decision to mark me as absconding and apologizing for the incorrect commitment.
This Friday, I found out that an Account Manager, who is also a good friend of mine, was relieved with a 15-day notice period.
I suggest that you speak directly to the management about the situation. Inform them of what occurred and let the CEO know that HR provided you with this option; otherwise, you would have given at least a 15-day notice. Additionally, send this information to your management via post, either through speed post or registered post. This is clearly unjust, and the CEO should be made aware of it. If they still consider you as absconding, you will have evidence that you are not absconding but in contact with the management, and the issue is different. In that letter, you can mention that another account manager was given a 15-day notice period.
Feel free to reach out if you have any further doubts.
Regards,
Amin Shaikh
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Friend,
Adding a point to your views and following the thread. As all veterans briefed, what happened was a mistake and it did not go through the firewall tech. Do not rely on oral info until it is confirmed by all means. Neither can you rely on your compliance officer's information. They might have instructed not to disclose the info as it could have been crucial for the presentation.
Did you receive a resignation acceptance letter? If you have not done so yet, it is late now. Kindly follow up softly for the relieving letter, release letter, or experience certificate with the reason mentioned in it. The reason you can state is for PF pension purposes. In some cases, if the organization manages the PF accumulations through PF trust, a copy of it is needed to withdraw the pension portion. This process also varies from company to company.
Please seek another opinion from HR veterans.
Regards,
Balaji
From India, Bangalore
Acknowledge(0)Amend(0)
Adding a point to your views and following the thread. As all veterans briefed, what happened was a mistake and it did not go through the firewall tech. Do not rely on oral info until it is confirmed by all means. Neither can you rely on your compliance officer's information. They might have instructed not to disclose the info as it could have been crucial for the presentation.
Did you receive a resignation acceptance letter? If you have not done so yet, it is late now. Kindly follow up softly for the relieving letter, release letter, or experience certificate with the reason mentioned in it. The reason you can state is for PF pension purposes. In some cases, if the organization manages the PF accumulations through PF trust, a copy of it is needed to withdraw the pension portion. This process also varies from company to company.
Please seek another opinion from HR veterans.
Regards,
Balaji
From India, Bangalore
Acknowledge(0)Amend(0)
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 learned 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
Acknowledge(0)Amend(0)
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 learned 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
Acknowledge(0)Amend(0)
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 made a very big mistake. Confidential information should not be shared.
If they want to take any action against you, a proper inquiry needs to be done. I can only suggest you request them to release you instead of terminating you, considering all the facts and your performance during your tenure.
From India, Mumbai
Acknowledge(0)Amend(0)
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 made a very big mistake. Confidential information should not be shared.
If they want to take any action against you, a proper inquiry needs to be done. I can only suggest you request them to release you instead of terminating you, considering all the facts and your performance during your tenure.
From India, Mumbai
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Termination-emp loyment_563.pdf
Termination letter.doc