ArunRaja.b
Senior Software Developer

Thread Started by #ArunRaja.b

I have brief discussion on my current situation in the below thread

https://www.citehr.com/578898-sl-fam...ce-period.html

I am not sure whether I can discuss the smae case in another topic, because i have a very specific question related to labor law with regards to tampering of evidence.

<b>little background </b>

I am Arun and working as a principal developer for a small startup company(20-30 headcount with Director in London and only HR here).

I was joined on 19th Sept-16 on probation for 6 months and on 12th Jan-17 I had filed by resignation citing mine and a serious of illness on my family and i needed to take a break. THe had been accepted by the management and also mentioned in the email that they would like to take me back when my issues are solved.

I was serving notice period from 12th Jan till 25th Jan-17, when my mother had suffered heart attack along with severe case of H1N1, so I had verbally informed HR and team, and left on 25th Jan-17, and emailed about situation and my date of return(13th Feb-17) on 1st Feb-17.

I didnt get any response from HR or director(to whom i directly report to) until 8th Feb, and on 8th director forwarded 3 emails(one each for disciplinary warnings, absconding from work, bad performance and as a direct relation huge loss to the company) to my personal email id(because that morning I had complained that official account is locked by IT administrator), and informed that these emails where sent to my official id on 2nd Feb-17 and i had not responded back.

</b>

Whats suspicious is that, i have my official account(Gmail for Business) setup in my mobile and it was updated until 3rd Feb-17, and i couldnt find any such emails sent by the management.

Also, 2 of the emails(originally sent to my official id) forwarded to my personal id doesnt have "From address, Date and 'Forwarded Message' as a header".

This can be done only of the original message is being edited before forwarding the same to the recipient.

I have been asking permission to my official account. but no response for a week.

My series of questions related to law here is that,

> What if the management had indeed tampered the email to look like it was sent earlier, while it was actually sent on a later date(say 6th or 8th Feb-17)

> if proven against the management, can all the accusations against me would be become void and null?

> Also till date my HR claimed that since i was on probabtion, i am eligible only for 1.5 days of sick leave for every 3 months and nothing about sick leave had been mentioned in the offer letter. Is it the norm or am i eligible for more sick leaves?
12th February 2017 From India, Chennai
Tampering with E-mails :-
If you can prove this allegation, this is a serious offense. Under information technology act, when a person tampers any electronic record to commit a crime (As the employer is committing Criminal Breach of Trust or Cheating depending upon whether they have any indemnity value in lapse of notice period) there is severe punishment. So contact an advocate and file a case u/s 420, 468 IPC along with that under IT Act and also a section 120B of IPC may apply.
Kindly leave a message if problem persist.
12th February 2017 From India, Kolkata
@Labour Law Index Thanks a lot for quick reply. After a week of being aggravated and dejected, your reply gives me some hope.
12th February 2017 From India, Chennai
@Labour Law Index

I was supposed to meet a civil lawyer to discuss about my current situation at office and salary being withheld but unable to due to other reasons.

I have attached photos of 3 emails that I received from them and below are the ways by which they have tampered the evidence.

> 1st Mail: Please check the forwarded emails date underlined by red color(date as per email fwd is "2 February 2017 at 01:31")

But the font of the number "2" in date and year(2017) is different and this achieved only by editing it before sending it.

GMail's default fonts used in forwards is "Calibiri(body)" which is the font of the letter 2 in year and font of the letter 2 in date is of the font "Verdana"

Interestingly enough, all the other texts written by the email sender(management/director) is of Verdana.

This difference can also be easily found if we simply copy the email and paste(without formatting) to a M.S.Word.

Attached(CompanyCheating) one such word that i created by simply copying the email contents and pasting to the MS-Word and saving it.

Also I can bring numerous other forwarded emails, where such things would never happen.

> 2nd and 3rd Email: Please check the red box where the forwarded message would start and ideally it would be in the following order

-------- Forwarded Message ---------

From: =======

Date: =======

Subject: =====

To: =========

CC" ========

<Content>

<Content End>

But from the content within the box outlined in red, there were no forwarded message, from and date and everything starts from Subject.

Again, this can be done only manually editing the content.

My Opinion,

>Management had planned everything and thats why my official id was blocked on 6th Feb itself.

>Then they sent those emails to my official id on 8th Feb only, and to make it look like it was sent on 2nd, they edited the 1st email before sending it.

>After realizing it could be a serious mistake from them which is very much visible, they sent the next two emails after deleting those lines.

> Thats why they havent unlocked my account, even after 3 - 4 mails and its been 4 days and i havent got any reply yet

Now my important questions are,

> I cant prove anything unless my official id is unlocked and I take a look at it. But I dont think it will happen unless court or any higher authority says so.

> Just incase if this becomes Civil or even Criminal case, will my argument and proofs(attached) stand a chance ?
12th February 2017 From India, Chennai

Attached Images
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File Type: png 1st-email.png (43.2 KB, 29 views)
File Type: png 2nd-email.PNG (15.3 KB, 14 views)
File Type: png 3rd-email.PNG (10.3 KB, 13 views)
Attached Files
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File Type: docx CompanyCheating.docx (11.0 KB, 35 views)

checked with a civil lawyer today and to my surprise, he advised not to do anything about it unless things very very serious and I believe he wasnt convinced it was a serious offense.
In my view, all the allegations levelled against me are to get my salary and this is the only way to prove it.
Can i sue the employer by providing this proof of tampering electronic evidence and claim for damages ?
13th February 2017 From India, Chennai
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