Hi All,

I require your valuable guidance to move ahead from an unexpected incident and want to get back on track with my career. I was terminated by the company for sharing confidential details on my personal email address, while my intention was to gain knowledge by reading project-related documents at home to enhance the project and contribute more. I didn't have enough time in the office to acquire more knowledge, so I planned to read them on the weekend or in my spare time. I had signed an NDA before joining the company and was fully aware of it, but this silly mistake happened suddenly, and I accept the consequences. I was on the payroll of a third-party client and was working at the end client's site in that organization.

I neither shared those documents with anyone nor copied them elsewhere. I have already destroyed the documents, and they were solely project-related. I worked with the end client for only 5 months, and after the incident, I struggled to find another job. When communicating with recruiters, I mentioned that I left the organization due to a family-related issue, without disclosing that I was terminated.

For the past 7 months, I have been unsuccessful in securing a job despite my efforts. Most recruiters mentioned that they find it challenging to match the salary I received at my previous company, considering my short tenure there. I now have a 7-month career gap, even though I have a total of 10 years of experience and possess industry certifications.

The payroll company cited the same reason (Termination for sharing confidential data on personal email) in both my relieving and experience letters. How can I regain a good job? How should I address this matter with recruiters? What reason can I provide to explain my short tenure at the last organization without revealing the termination? I seek your expert guidance on how to navigate this situation. Despite this setback, I have received awards and recognition for my work in past organizations.

Please let me know in the comments if you require any additional details.

Thanks in advance,
Anita

From India, Mumbai
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Dear Anita,

Upon reading your lengthy post, the simple inference that can be drawn is that your company terminated you because you breached the rules of data security. When handling matters of indiscipline, companies do not consider the intention but solely the action. Hence, now you find yourself in a tight spot. It was a lapse of judgment that, after a career of 10 years, has put at risk. Nevertheless, after ten years of experience, this kind of unwiseness from a person who made their career illustrious through various achievements was hardly expected.

Now, turning to a solution. You mentioned that you only served in that company for five months. In fact, you may turn this to your advantage. Consider not including the experience from that company on your CV. By omitting this experience, no questions would be raised regarding the tenure at that company. However, this will result in a longer gap of 12 months - 5 months of service and an additional 7 months of unemployment. Nonetheless, managing a 12-month gap could be simpler compared to the employment of 5 months with an ignominious exit.

Lastly, a feedback on the quality of your post. The grammatical mistakes in your post do not align with your seniority. It seems you have not paid attention to the tenses, which are generally taught in Class III. Regarding accepting mistakes, it appears you have taken the seniors of this forum for granted, much like you did in your last employment. Please refrain from this, as in the future, you might face a situation similar to the current derailment of your career.

All the best!
Dinesh Divekar

From India, Bangalore
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nathrao
3251

The CV needs to be modified to exclude the last company.

Actions done by you using personal ID have created serious issues. Since it has happened and nothing can be done about it, while being truthful in the CV is vital. Here, the gap can be covered by showing it as a family issue for which you had to take a break. Join a small course connected with your job and add to qualifications in a manner that does not detract from the family issue theme.

Finally, as a very learned member has written above, your post is not well-framed, replete with grammar issues, and does not reflect well, though you may be in a tense and worried state. Take care. Difficult times pass. I am sure if you take it as a learning experience, you will do well in the next assignment.

From India, Pune
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Dear colleague,

You have, by your own admission, breached confidentiality service conditions and perhaps even the NDA that you signed. You have paid the price for it by remaining unemployed for 7 months. According to you, you had no dubious intention in transferring the confidential project data to your email, except to study it at home. While it is a breach, it can be seen as an innocent act since you did not share it with anyone for personal gain. I believe these are positive points.

I recommend that you reach out to your former company's top boss, apologize for your unintentional mistake, highlight your positive attributes mentioned above, and request leniency based on your meritorious service record. Express your willingness to accept any punishment other than termination and simultaneously explore other job opportunities.

Regarding the advice to conceal this employment gap from potential future employers, which some of my colleagues have suggested, I disagree. It may negatively impact your long-term career prospects. Instead, be transparent during interviews, explaining that your actions were innocent and not malicious.

While not everyone may believe your explanation, staying honest and sincere will eventually lead to landing a good job. Stay persistent, hopeful, and remember that challenging times will pass.

Regards,

Vinayak Nagarkar
HR Consultant

From India, Mumbai
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nathrao
3251

Dear Vinayak,

Stating the problem upfront is the right approach. Honesty is the best policy, but being practical is also needed. Only one in 100 employers may accept this honest and candid revelation of facts. With so many candidates vying for the same or similar positions, employers may believe your version but still opt for another candidate as they want to avoid even a remote chance of the candidate doing the same thing again. It is a difficult decision to make - whether to reveal or not to reveal?

Thank you.

From India, Pune
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Dear colleague,

There is a declaration in many application forms that any suppression of material information by the candidate will be liable for summary dismissal. I am surprised to see the advice to suppress such employment details coming from HR seniors. Will the advisors take the responsibility if, in case after suppressing this information, she gets the job and later is terminated for the same when it is found by the employer? Will it not be a double whammy and cause irreparable loss to her in the name of practical advice?

One cannot be suggested to put one's lifelong career at stake by falsifying records for any possible short-term advantage. As I said earlier, her grave mistake is unintentional and caused no harm to the employer. This, plus her meritorious service record, is more likely to pull her off. If she candidly conveys her acceptance of it by putting all the facts to the top boss and highlighting her pluses to the previous company and appealing to his good sense for rehiring her, it may perhaps work. If it doesn't, keep trying elsewhere but not by hiding anything. Her chances of getting another job will be brighter only by disclosing the facts and not by suppressing it.

Anyway, I shared my thoughts and mean no hurt to anybody as this is a forum of HR professionals with a freewheeling exchange of wisdom of years of professional experience. Finally, it is her call to turn right or left in the best interest of her career and life.

Regards, Vinayak Nagarkar HR Consultant

From India, Mumbai
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nathrao
3251

"There is a declaration in many application forms that any suppression of material information by the candidate will be liable for summary dismissal.

In such cases, you have no choice but to declare. However, many companies just ask for a CV, wherein a person has to make a decision. There is no denying the merits of what you wrote above, but the decision is individual in nature."

From India, Pune
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Dear Mr. Vinayak Nagarkar,

I have been following the exchange of views between you and Mr. Nathrao. These posts are from Sl. No. 4 to 7. I was the first person who told the originator of the post to withhold the information of her immediate preceding employment. I suggested this because she was open about her 5-month employment details and why she was removed from the job. However, this openness or candid approach is working against her. Therefore, I suggested bypassing the route of honesty. Mr. Nathrao has aptly mentioned that "Honesty is the best policy. But being practical is also needed." How long can anyone be Raja Harishchandra?

"Companies do a lot of underhand activities; however, while selecting job candidates, they expect a candidate to have unimpeachable moral soundness." If the originator of the post continues to follow a path of honesty, then getting the next job could prove still elusive. Seven months have passed since she exited her last job. If the time gap increases further, getting a job itself will become even more difficult. In such a case, she might have to consider changing her career.

About Suppression of Material Facts: Most companies take declarations from job candidates that the information declared by them is correct, and they are liable for disciplinary action for falsification. Nevertheless, these declarations give room to suppress employment details of their last employment.

About reinstatement in the previous company: You have suggested approaching her last company for reinstatement. As a suggestion, it is a good one and nothing wrong "per se" to take a chance. However, let's think for a moment from the company's side and ask why they remove people when their integrity comes under scrutiny. People are removed to send a signal to everyone about the consequences of rules being transgressed. The deterrence effect on the breach of policy is created through informal communication, which is more impactful than formal communication of policies.

I recall a case of a hotel employee who was caught carrying two lead pencils issued to customers using the hotel's banquet halls. The VP of the hotel immediately terminated her, even though the pencils were used and sharpened. Her father later pleaded for reinstatement, but the VP remained firm, issuing only a relieving letter without negative remarks. In a managerial meeting, he emphasized the signal he wanted to send to all hotel employees regarding property theft.

As you stated in your past post, it ultimately comes down to a matter of opinion. Agreement on all issues is not always possible. However, people come to this forum seeking help. We, as third parties, have our own experiences. Therefore, when giving suggestions, we need to be realistic.

Regards,

Dinesh Divekar

From India, Bangalore
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nathrao
3251

A final post on this exchange of views.

Differing views help us learn and rethink on other points as well. Extreme honesty can be harmful to the candidate. Though suppressing the last employment can become a potential pain point for him or her later on, risks are to be taken when such unhappy but unintentional errors take place. Five months of employment may be a small part of working life in some cases. The reason to avoid mentioning is that the company may reject the candidate straightaway, giving no choice to explain their innocence.

You, as a learned poster, have given a viewpoint. I have presented an alternative viewpoint. Now, the decision is entirely up to the querist to take the risk and make a choice.

From India, Pune
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Dear Anita,

This matter has been discussed from different angles by the members. Let us discuss by keeping the incident aside; there is no merit in approaching the previous employer for the shelter. I do not see any feasibility to challenge your alleged termination, and there is nothing much to gain rather than suffering. You could have challenged instantly at the time of termination.

It would be wise on your part to make a wild search for a job. The gap of 7 months is nothing which can be covered under medical treatment of your keen or some problems on the home front. You have 10 years of work experience in your subject field; now you can use this time for learning where you are lacking. Keep positive thinking.

From India, Mumbai
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