Data security breach and manager threatening to resign or terminate
9 months ago
My friend has send the company data to his personal email id to keep proof of management behaviour becoz manager has threatened him to resign or terminate. Though company has flagged security breach and now asking my friend for signing legal agreement and certificate for data violation. In this case what action my friend can take? Can he deny signing and still be eligible for experience letter?
A.Dear Client,
If the act of your friend is contrary to the terms and conditions of employment, then for breach of such condition of contract, the Employer can treat the act as misconduct and take action accordingly against your friend. But in the absence of any such condition in the contract of employment, the Employer can not force your friend to confess by signing an undertaking or agreement for a data violation. Such an arbitrary and unethical action on the part of the Employer amounted to victimization with ulterior motives and unfair labour practice on the part of the Employer. Once an employee tenders his resignation following the terms of employment and on the expiry of the notice period, an Employer is duty-bound to issue a relieving letter and experience certificate with the disbursement of F & F Settlement dues. If your friend feels that he cannot continue with the toxic working environment, he may simply tender his resignation following terms of employment without signing any undertaking or accepting the charges of data violation to keep the experience certificate clean and stigma-free. However, for victimization with ulterior motives and unfair labour practice on the part of the Employer, your friend may escalate the matter before the concerned Labour Commissioner for a resolution in the matter.
If the act of your friend is contrary to the terms and conditions of employment, then for breach of such condition of contract, the Employer can treat the act as misconduct and take action accordingly against your friend. But in the absence of any such condition in the contract of employment, the Employer can not force your friend to confess by signing an undertaking or agreement for a data violation. Such an arbitrary and unethical action on the part of the Employer amounted to victimization with ulterior motives and unfair labour practice on the part of the Employer. Once an employee tenders his resignation following the terms of employment and on the expiry of the notice period, an Employer is duty-bound to issue a relieving letter and experience certificate with the disbursement of F & F Settlement dues. If your friend feels that he cannot continue with the toxic working environment, he may simply tender his resignation following terms of employment without signing any undertaking or accepting the charges of data violation to keep the experience certificate clean and stigma-free. However, for victimization with ulterior motives and unfair labour practice on the part of the Employer, your friend may escalate the matter before the concerned Labour Commissioner for a resolution in the matter.
Helpful
Helpful
Share
A.Dear client,
Consult with a lawyer: Your friend should seek legal advice from an employment lawyer as soon as possible. They can review the situation, the company's policies, and the legal agreement presented by the company. A lawyer can provide guidance on the potential consequences of not signing the agreement and the best course of action to protect your friend's interests.
Review company policies: Your friend should carefully review the company's policies regarding data security, confidentiality, and acceptable use of company resources, including email. Understanding these policies will help your friend assess their situation better and determine if there were any violations.
Negotiate with the company: Depending on the circumstances, your friend may consider negotiating with the company to find a resolution that is mutually acceptable. This could involve explaining their intentions behind saving the data and seeking an understanding from the company regarding their concerns.
Document everything: Your friend should keep records of all communications with the company, including emails, documents, and any discussions with management or HR. These records may be valuable if there are any legal disputes in the future.
Seek an experience letter: If your friend decides not to sign the legal agreement and is terminated, they can still request an experience letter from the company. An experience letter typically outlines the period of employment, job responsibilities, and the reason for termination. This can be useful for future job applications.
Ultimately, the best course of action will depend on the specific circumstances.
Consult with a lawyer: Your friend should seek legal advice from an employment lawyer as soon as possible. They can review the situation, the company's policies, and the legal agreement presented by the company. A lawyer can provide guidance on the potential consequences of not signing the agreement and the best course of action to protect your friend's interests.
Review company policies: Your friend should carefully review the company's policies regarding data security, confidentiality, and acceptable use of company resources, including email. Understanding these policies will help your friend assess their situation better and determine if there were any violations.
Negotiate with the company: Depending on the circumstances, your friend may consider negotiating with the company to find a resolution that is mutually acceptable. This could involve explaining their intentions behind saving the data and seeking an understanding from the company regarding their concerns.
Document everything: Your friend should keep records of all communications with the company, including emails, documents, and any discussions with management or HR. These records may be valuable if there are any legal disputes in the future.
Seek an experience letter: If your friend decides not to sign the legal agreement and is terminated, they can still request an experience letter from the company. An experience letter typically outlines the period of employment, job responsibilities, and the reason for termination. This can be useful for future job applications.
Ultimately, the best course of action will depend on the specific circumstances.
Helpful
Helpful
Share
Read Related Answers
Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client,
Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
Regarding obc NCL reservation
Dear Client,
There is a general reservation of 10% for the children of BSF officers in the BSF itself, but other general reservation quota depends on the institution.
Contractual Employer deducting PF
Dear Client,
the Industrial Disputes Act of 1947 defines layoff, it excludes employees in management or supervisory positions. The Act also states that an employee must be a 'workman' to be eligible...
Pf overlapped and now jobless
Dear Client,
Since your employment with the old company is based on contract for two months, you need to fulfill the said period and resign from the company by following the exit procedure. In case of...
Employment advice
Dear Client,
A manager cannot initiate the resignation process on behalf of the employee without the employee's consent. It is considered as a unethical practical and can have legal implications. You...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
