Breech of Employment Agreement
1 month ago
Post my termination of employment on baseless grounds. I received an email from my HR stating the following:-
"Following an internal data integrity audit, it has come to our attention that several infractions of your employment agreement with [Employer] have been identified. These infractions, supported by documented evidence such as screenshots(attached for your reference) represent clear violations of company policies and contractual obligations.
Specifically, these violations include unauthorized access to company data utilizing a personal email account, dissemination of confidential information, and solicitation of unauthorized performance appraisals from fellow employees.
Given the gravity of these breaches and their potential legal implications for our organization, it is imperative that we address these issues with urgency and diligence. Your cooperation in providing a detailed explanation of these actions, along with proposed corrective measures".
I addressed the email addressing the screenshots saying the following:
"I will address these matters briefly and am open to discussing it with you.
Dr. Trust 360:-
This being my first project at [Employer], I used to access certain documents through my mobile & personal laptop while working on this project I think I might have unknowingly given edited access to myself for ease of use. This was not intentional and a lack of awareness, and I apologies.
Salary breakdown:-
I accessed an old salary breakdown document with outdated information. My intention was to calculate potential future taxes and help a colleague do the same. I think I might have unknowingly granted commenting access to myself. I understand this should have been done through authorized company channels, and apologies for the lapse in judgement.
The Review form:-
It was primarily created on my personal account. By mistake I experimented by making my work email the owner of this account and then couldn't undo it. I was collecting reviews from people I worked with during the year to track my growth as a Sr. Designer, as it was my first time and I genuinely wanted to know my performance in the role. I couldn't undo it before my access was revoked/deleted. This was created and shared with selected individuals before any further clarity to my email regarding performance review and exit interview. The form is outdated and no longer relevant. Since my release, as directed I haven't actively contacted or revealed any sensitive information with current employees at [Employer]. I apologize for any confusion I may have caused.
I want to reiterate that I have no intention of violating any company policies or confidentiality agreements. I pledge to uphold company regulations and maintain data security. I would be happy to discuss this further if required, and I am committed to resolving this amicably and maintaining a positive relationship moving forward. Do let me know how we can proceed to do the same. Thank you.".
Questions:
1} What are some legal actions that they can raise?
2} What can I do to solve this amicably?
3} Is there anything I can do such that this doesn't have any impact on my next employers?
4} In your experience what usually happens in such a situation?
In the relieving letter or termination letter the cause of the removal will be mentioned and in the background verification it can be found and it will have a severe impact on your future job prospects.
Here are the responses to your query no.1) What are some legal actions that they can raise? Ans: The company can file a civil suit against you for damages caused by a breach of its policy or terms of the contract even after your termination from service. Query no. 2} What can I do to solve this amicably? Ans:- Once a fiduciary relationship is severed between the parties, as of now, there is no amicable solution to turn the situation in your favour. Query no.3} Is there anything I can do such that this doesn't have any impact on my next employers? Ans:- Termination/dismissal from service regardless of the reasons behind the capital punishment is itself a stigma that adversely affects the future career of a person in the employment market especially in Background verification(BGV) check which is a process many organizations carry out to verify the information provided by the candidate during hiring verifying the candidate's EPFO records through UAN that allows employers to confirm that their employees are not using false or stolen identities to gain employment. In case of a negative background verification check an employer can even reject or terminate the candidate's employment. Query no. 4} In your experience what usually happens in such a situation? Ans: The experience of a professional varies based on the situation and condition of each incident/fact and the inherent merit involved therein. So, consequences cannot be forecasted upfront in the absence of a cause of action as stated in response to your query no.1. Revert to us if any cause of action arises alike to navigate the issue in the right way.
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