Hello,
I have case where employee was serving his one month notice period (completed 18 days). On 19th the employee was terminated/ sack given on the suspension letter. On the spot termination was done due to Misconduct and violation of the security policy and taking the intellect property of the company to home.
Company is in the possession of the all the personal belonging of the employee (mobile,laptop external hard drive etc.) and conducting forensic investigation whether the data was moved out to third party or not.
So company stated below to employee:
1) He cant get into any meaningful employment till the time investigation is over. Please advise is there any law which protects employee in this senerio? or it is true that employee cant get the him/herself employed else where
2) Company is silent and not mentioning whether Employee will be given full and final settlement. Please advise is there any law which states that he should be entitle for full and final settlement ? if yes kindly state the same,
Point to be noted: There was no monetary loss to the company, nor there was confidential client/employee information was passed to third party.It was only breach towards the accessing the confidential information and intellect property of the company not related to client.
Please any one has answers kindly request them to post the same.