Hi HR People, I was given a charge sheet because I accessed Employee's accounts. But I had to do it as part of my work investigation process, and responded the same in response to charge sheet. That I just opened their accounts for investigation and I haven't done anything more than that.
Should I be worried that I might be called for a Disciplinary Meeting?
Also, My company asks the employee to resign when they are found to be conducting gross misconduct. I got this clarification from an employee who left the company on the basis of gross misconduct (PoSH), and they said they haven't provided with termination. Can this also imply a data access violation? Can you please help me and give me some clarification?
From India, Hyderabad
Should I be worried that I might be called for a Disciplinary Meeting?
Also, My company asks the employee to resign when they are found to be conducting gross misconduct. I got this clarification from an employee who left the company on the basis of gross misconduct (PoSH), and they said they haven't provided with termination. Can this also imply a data access violation? Can you please help me and give me some clarification?
From India, Hyderabad
Dear member,
It is difficult to comment on your post as the information given is inadequate. Please provide us with the following information:
a) What is your designation? What is the nature of your work?
b) What kind of investigation were you doing? Is conducting an investigation mentioned in the Job Descriptions of your position?
c) You say you accessed the employees' accounts as a part of the investigation. What types of accounts were these? Were they bank accounts? Is there any SOP or Policy that authorises or restricts access to the bank accounts for those conducting the investigation?
d) Who came to know that you accessed the employees's account? How did this person come to know?
e) The charge sheet is expected to be specific about violation of laid down SOP or Policy or a directive of a senior. Was there a mention of violation in your charge sheet?
About Gross Misconduct: - You were issued with the charge sheet and you have given a reply also. Did you take the help of a senior who is good at drafting for writing a reply? I wish you had approached this forum before giving a reply and not after. Before awarding the punishment of termination, it is incumbent on the company to order domestic enquiry. In the enquiry, you may defend your position. Three outcomes would emerge from your defence: (i) you will be terminated (ii) you will not be terminated but awarded a lesser punishment (iii) you will not be held guilty at all.
Linking your case with some other case: - You have linked your case with a person who was terminated under the provisions of PoSH. Your case and that person's case are different. Both need to be seen independently. Linking them would be a logical overreach.
Feedback on the method of addressing: - You have approached this forum for taking advice. While addressing the members of this forum, many of them are seniors, I wish you had used the appropriate term and not "Hi HR People". Your method of addressing the learned members is casual and impersonal. Maybe this casualness or impersonalness has landed you in the soup!
Thanks,
Dinesh Divekar
From India, Bangalore
7881It is difficult to comment on your post as the information given is inadequate. Please provide us with the following information:
a) What is your designation? What is the nature of your work?
b) What kind of investigation were you doing? Is conducting an investigation mentioned in the Job Descriptions of your position?
c) You say you accessed the employees' accounts as a part of the investigation. What types of accounts were these? Were they bank accounts? Is there any SOP or Policy that authorises or restricts access to the bank accounts for those conducting the investigation?
d) Who came to know that you accessed the employees's account? How did this person come to know?
e) The charge sheet is expected to be specific about violation of laid down SOP or Policy or a directive of a senior. Was there a mention of violation in your charge sheet?
About Gross Misconduct: - You were issued with the charge sheet and you have given a reply also. Did you take the help of a senior who is good at drafting for writing a reply? I wish you had approached this forum before giving a reply and not after. Before awarding the punishment of termination, it is incumbent on the company to order domestic enquiry. In the enquiry, you may defend your position. Three outcomes would emerge from your defence: (i) you will be terminated (ii) you will not be terminated but awarded a lesser punishment (iii) you will not be held guilty at all.
Linking your case with some other case: - You have linked your case with a person who was terminated under the provisions of PoSH. Your case and that person's case are different. Both need to be seen independently. Linking them would be a logical overreach.
Feedback on the method of addressing: - You have approached this forum for taking advice. While addressing the members of this forum, many of them are seniors, I wish you had used the appropriate term and not "Hi HR People". Your method of addressing the learned members is casual and impersonal. Maybe this casualness or impersonalness has landed you in the soup!
Thanks,
Dinesh Divekar
From India, Bangalore
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Termination-emp loyment_563.pdf
Termination letter.doc