Misconduct And Software Piracy Charges - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Srinath Sai Ram
Hr Manager
Riteshmaity
Labour Law Advocate
+1 Other

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Hi I was working with an organisation and I also referred my brother who graduated recently in my office and he got selected but was terminated in the basis of poor performance.

But I continued to work in the company giving my best at work.

Later I came to know a shocking event happening in the workplace that my manager and my co worker who is less than half of her age are in love and the coworker is spying on everyone taking this advantage and gossiping even the personal matters of the employees to our manager on phone chat and email. The main problem here was that our manager is the sister by relation to the directors and company owners and she has been associated with the company right from the start and the management believes her words more than the employees pertaining to the above mentioned reasons.

I came to know the love story between then when one day my coworker who had already left the office with my manager called me to switch off his system and the I found his gmail inbox open which had their chats in the chats columns and also he had a backup of the whatsapp messages between them and I opened it out of cuiorisity and found this matter.

Now my manager however came to know that I along with two other coleague's of mine knew their matter. This is the insight of the grudge she kept on us.

Coming to the topic, my brother one day called me recently and asked me to send certain folders he had saved on the computer server of the company and I just zipped those four folders which he asked and uploaded to my OneDrive and sent him the link. After a week my CTO called me and informed me that the folders which I sent had the codes which he worked during his tenure in the office and those codes were the source codes and asked me to handover the if card and leave for the day.

Later after three weeks I got the intimation that I have been terminated on the grounds of software piracy or something like that as per the company policy and I was not even called to the office to explain what happened though I clarified with the CTO that I did that mistakenly and without checking that that was a code and also gave him the same in writing after he asked me to do so.

Knowing all this my manager got a good change to throw me and the other two employees out of the office and as a result I was terminated and the other two were relieved on force and after being warned by the management that if they don't resign they will be terminated.

Now when I am requesting my management to please give me the letters as relieving so that I can get employed somewhere else I got an email reply stating that if I try to reach him or anyone in the office he will Persue the pending police case on me and force me to be put in jail.

Members please advise what can I do now

Can I get another employment showing those termination letters

How to get a relieving letters from

My former employer.

What should I do if they file a case with the cyber crime department as warned by my Cot
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Dear SK185250,

At this stage there is no point in discussing about what was happening in your office and circumstances that led to your removal. Nevertheless, what we need to know is what is your wish now? Do you want to challenge your termination or you have accepted your removal as fait accompli but just want relieving-cum-experience certificate?

Whatever may be the reasons of your removal, your company should have conducted domestic enquiry and should have given chance to defend your case. Far from domestic enquiry, in your case, it appears that you were not even issued with show cause notice. Therefore, your termination is illegal, however, proving it to be illegal is not easy. It is a very long drawn litigation process.

You may approach the Labour Officer (LO) of the area where your company is located. You may explain your case There is no need to tell him about your brother and his removal, about affair of your senior etc. Just tell him about alleged breach of data security. If you are ready to accept the punishment and just asking for the reliving-cum-experience certificate then he is expected to help you.

Thanks,

Dinesh Divekar
Dear Dinesh Sir,
I mailed my higher management people requesting them to change my termination letter as relieving letters and reissue me the letters so that i will be able to join some other firm but i got a reply that if i try to communicate with him or anyone in the office he will ask the police to peruse the pending fir against me seriously. Also there is no HR in our office, all the decisions are taken by my manager and then communicated to the higher management from her end.
In my case i just want the letters issues to me to state that i was relieved from my duties and issue me my relieving and experience letters.
I also want to know that if i go to the concerned Labor Court i the state and accept my fault what will be the punishment or charges.
Time is running out of my hands i have been getting so many interview calls but i unable to commit to any due to the issued termination letter.
You have not mentioned about your Designation & Gross Salary Drawn to determine whether you come under the purview of Workman a sper Sec 2(S) of Industrial Disputes Act, 1947.
If you challenge your Illegal Termination, the Management may relent & come for mutual Settlement.All information furnished by you is not relevant to conclude the matter. What matters is contents of Termination letter.Whether Termination of Service as per the Clause of Appointment letter which does not cast any Stigma.If it is Termination as Punishment it definitely harms your Future Job prospects.please revert with factual information because the Management has not conducted any Enquiry before Termination your Service.Admitting, it is a Cyber Crime warrants proper Enquiry.
Dear Srinath Sai Ram Sir,
My designation was process associate and my gross salary was 26k per month.
When my CTO asked me u accepted that I did that by mistake and he also asked me to write all the facts in paper so that he can talk to the management make then understand and see that I am not thrown out of the. Company but it happened the other way round.
Now my only need is a proper relieving letter so that I can look for other opportunities.
People can give me a call at my number 9030156840 and suggest me further actions.
@SK185250
First of all you are getting free advises in this forum from the learned members and you expect them to spend their hard earned money and give you a call and then give you "free ka advice"? :D Your expectations are too high my dear friend.
From the above discussion, it looks like you will be covered under the ID Act but since you have admitted your guilt in writing, it will be difficult to prove your case.
If the company files a case against you for cyber crime, you may hire a lawyer to defend yourself.
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