Worried About Termination After Resignation? Seeking Advice on Legal Steps and Career Impact

Seeking Advice on Potential Termination and Legal Action

I was working with a company for 9 years with many accolades. It was a great journey until the time I resigned and made a blunder mistake. A few days before resigning, I sent an email to my personal ID containing my presentation on the project I worked on. The email was blocked due to firewall restrictions, and an exception was raised.

On my last day, I was called for a one-on-one meeting with compliance, HR, and Ops. They discussed my actions and requested me to write an apology letter. Additionally, they asked me to log in to my personal email account, and they scanned my mailbox. However, they did not find anything incriminating.

Following this, I met separately with both compliance and HR, and they assured me that since the presentation did not leave my email and no other issues were found in my inbox, it should not have any negative impact on me.

I have since joined a new company, and a friend of mine who works in HR informed me that they are considering issuing a termination letter and a legal notice against me. In response, I immediately contacted the compliance officer, who confirmed that the issue had been resolved on the same day and no further action was taken.

I am now feeling confused about what steps to take. If they proceed with issuing a termination letter, it could potentially affect my background check with my current employer.

What should I do? I acknowledge my mistake and have cooperated with the investigation by providing a written apology. Why would they risk harming my career despite my long history of good performance?

If they decide to terminate me, can I take legal action against them? My argument would be that if the issue was resolved and no further actions were taken, why bring it up after I have left the company, especially knowing the consequences it could have on my career?

Regards,
Anonymous

Please categorically tell the HR of your previous company that you will take legal action if you are not issued a proper relieving letter. The law says that they need to conduct an inquiry as per the procedure given under the Industrial Disputes Act. Wherein it has been given that you have to first issue a show cause, and only when you reply to it in writing and your explanation is found unsatisfactory, may they constitute an inquiry against you. In your case, they have not done so. You can approach the Labour Commissioner of your area and get a proper relieving letter.

The Company HR cannot ruin somebody's career like this. There is one thing called the quantum of punishment in labor laws. Your case doesn't deserve such a harsh punishment like this. Moreover, it is the common principle of law that you cannot give harsh punishment for a petty offense. Please stand against such arbitrary action. All you have to do is to seek help from a labor commissioner.

Best of luck. Feel free to revert in case of any doubt.

Regards

Clarification on the Industrial Disputes Act

The ID Act does not have any provision on inquiry. Secondly, one can go to Labor Officials under the ID Act only if he is a 'workman' under the Industrial Disputes Act. All persons cannot go to labor officials when terminated.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

In my opinion, have a meeting with the concerned authority of the company and discuss your case openly the way you did it on this forum. Know the very policy guidelines of the company in respect of the case you are involved in. Gather the references and evidence in support of your case and then proceed legally to resolve this issue. No company will be so harsh as to do wrong with their employees. I feel there is simply a problem of understanding the case in totality.

Nevertheless, one thing cannot be ruled out, and that is if your action of mailing presentation details of the project, even if accepted by you as a mistakenly done action, could be viewed seriously depending on the vitality of the project to the company. So be careful in whatever action you take.

Best wishes,
Bijay

Please go through the attached file and decide for yourself whether the same is not covered under the Industrial Disputes Act. Your guidance is humbly solicited on the same.

Regards

Discussion on Fairness in Disciplinary Actions

I also want to state and affirm my stance that his offense is not significant enough to warrant the punishment of dismissal without giving him the opportunity to be heard. Additionally, under any law of the land, the rule of quantum of punishment is applicable. Even if I assume that he is not a workman, he is still covered under the principle of natural justice.

Your views are invited on the same.

Regards

Dear Sir, you and I are on the same page regarding the need for an inquiry. However, I would like to add that his offense is not significant enough to warrant the harsh punishment of termination. Cases like this do require a formal inquiry if you intend to terminate anyone.

Dear Anonymous,

Based on what you have shared:

1. What you did was wrong. It will be even more complicated if the presentation you sent out contained confidential information or information not normally available to others in public. Also, it is not clear if you have joined a competitor. If so, the situation gets complicated. Understand this very clearly - the transmission of the company's confidential information without the company's specific consent is punishable under the law.

2. You mentioned that you have given an apology letter and it has been amicably settled before your leaving the company. But did you send such documents or presentations to your email before the one where you were caught? If so, the company may have all the right to proceed further on this matter.

3. You also seem to be getting worked up on the "information" given by someone. Is it reliable info? If so, it will be a good idea to immediately contact your ex-boss, HR of the ex-company, and request politely for a relieving letter. If your mistake was just a one-time mistake, you should not have a problem. But if you have "by mistake" done it in the past, the situation is tricky.

4. Your good conduct and performance for a long period do not give you any right to take or pass confidential or restricted documents outside the company. It was the company's property, and you messed with it without permission. Do not mix up issues.

Meet the past company with a genuine intent to solve this and request them for support.

Regards,
Anonymous

Understanding Your Rights Under the Industrial Disputes Act

Are you a workman within the meaning of section 2(s) of the Industrial Disputes Act? If this is the case, the Industrial Disputes Act 1947, within the meaning of section 2-A, applies to you. If not, you first have to review the standing orders/service conditions of your company as well as the conditions outlined in your appointment letter. In any case, the authorities are bound by 'natural justice' and cannot deny you the same. Since termination is a major punishment, they have to follow the laid-down procedure.

Steps Before Termination

Before framing charges, they must conduct a preliminary investigation and then issue you a show cause notice, which, if found unsatisfactory by the disciplinary authority, can lead to the framing of charges. A copy of the charge sheet shall be delivered to the delinquent. A charge sheet must contain the substance of the imputation, the statement of the imputation, a list of documents, as well as a list of witnesses. You are required to reply to that charge sheet. Only if the disciplinary authority remains unsatisfied, an inquiry can be initiated.

Departmental Inquiry and Rights

The departmental inquiry will commence with the delinquent receiving assistance in the form of defense. If you are punished, you have the right to appeal and request a review. Additionally, the punishment cannot be disproportionate.

I believe you can now work with a lighter heart.

Thank you.

Regards,
Namitsushma

Thanks, everyone. I worked with a BPO MNC, and they have this email policy of not sending data outside. My intent was to keep my good work in my records. We both agree that this issue is punishable. However, my points here are:

1. After the investigation, it was found that the presentation didn't go out of the network, so no damage happened as it was blocked by the firewall. Even I got the message in my mailbox (also confirmed by the compliance officer).

2. Both HR and compliance officers told me that the issue is resolved and this will not impact my future.

3. The company has a policy of issuing verbal warnings, corrective action plans, etc., for mistakes, and termination/legal action is the most severe punishment.

I am simply saying that I agree I made a mistake, provided a written apology, and am also leaving their company. Why do they want to issue a termination which will potentially ruin my entire career, especially when no damage occurred? Is it worth it for anyone? Are they just ruining my life to set an example? Is it a realistic punishment? They could simply blacklist me in their company and ask for a monetary fine. Why termination? And if they do so, can I ask the Indian judicial system to help me?

From the factual details given, you would come within the definition of 'workman' as per the Industrial Disputes Act 1947. It provides a remedy in case of unmerited termination of service. You can invoke the machinery provided under the Act upon receipt of the termination notice. Since you have accepted the charges and apologized for the same, the scope of your challenge could center on the excessive punishment as pointed out by Shri KamalKant. As the offending e-mail was sent for record-keeping purposes and not to any outside party, the offense is a minor one and cannot result in termination of service.

As suggested, you could try to discuss it with your ex-HR, compliance officer, or anyone else and make it very clear that if they issue a termination order or harm your career further, you will not take it lying low but would use legal recourse.

Understanding Company Property and Legal Implications

Any project work you do as part of your employment becomes the property of the company (the offer letter would have this clause). So technically, it is not your property.

Since the HR and compliance officers have clarified that this case is closed, you have to believe them. What you learned from your colleague could just be a case of miscommunication.

Having worked for 9 years, I am sure you would have received a proper relieving letter from your ex-employer. After issuing the relieving letter, the company cannot issue a termination letter. This itself is evidence that your case is closed, and there is no reason to worry (unless there are a few other mistakes of yours that were found out now).

If there had been findings of any other wrongdoing, the company still cannot issue a termination letter but can file a suit against you on both civil and criminal counts. They can file a suit only after sending a legal notice seeking an explanation.

If the mistake you have referred to here is the only one you made, don't worry, you are safe.

Dear Amin,

My suggestion to you would be to talk to the management directly. Tell them what happened and also inform the CEO that HR provided you with this option; otherwise, you would have given at least a 15-day notice. Also, send this information through the post to your management, either via speed post or registered post. This is definitely wrong, and this should be brought to the attention of the CEO. If they still treat you as absconding, you will have proof that you are in contact with the management and the issue is different. In that letter, you can mention that the account manager will be relieved in 15 days. Feel free to revert in case of further doubts.

Thanks, Mr. Kamal, for this valuable information, but this decision was made by the CEO. Every decision, whether related to admin work or HR, depends on him. He is the one who determines what is correct and what is wrong. When I received a call from HR, she mentioned that, as per the CEO's decision, I have been marked as ABSCONDED. So, I can't understand what to do now as I did what was assured by my immediate supervisor and HR manager.

I spoke to HR when they sent me the recovery amount notice, but when I inquired whether I could receive my relieving letter after paying the dues, they refused.

Is there any clause where the company can deny a relieving letter to an employee if they are willing to clear the notice period recovery dues? Please suggest...

Regards,
Anonymous

Adding a point to your views and following the thread. As all veterans briefed, what happened was a mistake and it did not go through the firewall tech. Do not rely on oral info until it is confirmed by all means. Neither can you rely on your compliance officer's information. They might have instructed not to disclose the info as it could have been crucial for the presentation.

Did you receive a resignation acceptance letter? If you have not done so yet, it is late now. Kindly follow up softly for the relieving letter, release letter, or experience certificate with the reason mentioned in it. The reason you can state is for PF pension purposes. In some cases, if the organization manages the PF accumulations through PF trust, a copy of it is needed to withdraw the pension portion. This process also varies from company to company.

Please seek another opinion from HR veterans.

Regards,
Balaji

As you admit to making a mistake, and as it was prevented on time due to the company's firewall, it reflects badly on your professionalism and work ethics. Having received so many accolades, you should have at least not tried to "steal" the presentation of what you have done and use it elsewhere someday in the future, which is what your intent stands out to be. Frankly speaking, never carry your professional baggage (IP) from one company to another with the hope that it may be useful. It does not help. It's never quite that useful unless you are joining a competitor company.

Having said that, initiate a dialogue with the Compliance guys and see to it that the matter is sorted out at the highest level. Volunteer to escalate the matter through dialogue and keep your intent straight... that you wanted to preserve a copy of your supposedly 'own' work. I may be wrong here in my assumption. You know it better. But at the end of the day, your work is your company's IP. You were paid to do it.

As a kid, we have learned that stealing is bad, but as we grow older, the distinction gets blurred categorically, which is why we have netas all around us.

Like Adv. Pant mentioned, the quantum of punishment meted out is important. In this case, TALK, TALK, TALK, and dissuade the compliance fellow to do what he is allegedly planning to do. If required, as a good Indian citizen who is very law-abiding, you can try and 'buy' him out through some innocent bribery... maybe a meeting at CCD, or Barista, or someplace where you guys can chat like good ol' friends. Of course, the level of 'bribery' is up to you.

If nothing works, try suing him for 'character assassination', workplace harassment (man against man), intimidation, etc., and put his career at stake. You will need a smart lawyer for that buddy. Also, before you jump the gun, make sure your little birdie who gave you such 'reliable' information is equally trustworthy. Or else, give him some of your 'accolades'!

Live life simple. All the ppts and projects we make throughout our life will remain in our unused email when we die. What do we do with it after that? Let it be where it belongs. Move on in life. I am talking from experience and realization.

Happy New Year to you.

Regards,
Saurav Das

The first thing you should do is discuss this matter with your ex-HR and your ex-reporting manager. Confirm the matter before taking any legal action. I completely agree with all the above-mentioned replies; you have made a very big mistake. Confidential information should not be shared.

If they want to take any action against you, a proper inquiry needs to be conducted. I can only suggest you request them to release you instead of terminating you, considering all the facts and your performance during your tenure.

Response to Allegations of IP Theft and Compliance Issues

I cannot believe this advice given by Mr. Das, especially on bribing and character assassination, just to obfuscate the issue of a probable IP theft by you (worst-case scenario) or violation of contractual NDA (best-case scenario). If you plan to follow that advice—especially the "bribery" and "character assassination" part—I suggest you also get a good criminal lawyer and an anticipatory bail and then try whatever he suggested. All it will take to nail you is a report back to the company by whoever you try to bribe. By attempting a bribe or a character assassination, you would have enormously strengthened the case against you. Good luck.

As you admit to making a mistake and as it was prevented on time due to the company's firewall, it reflects badly on your professionalism and work ethics. Having received so many accolades, you should have at least not tried to "steal" the presentation of what you have done and use it elsewhere someday in the future, which is what your intent stands out to be. Frankly speaking, never carry your professional baggage (IP) from one company to another with the hope that it may be useful. It does not help. It's never quite that useful unless you are joining a competitor company.

Having said that, initiate a dialogue with the Compliance guys and see to it that the matter is sorted out at the highest level. Volunteer to escalate the matter through dialogue and keep your intent straight... that you wanted to preserve a copy of your supposedly 'own' work. I may be wrong here in my assumption. You know it better. But at the end of the day, your work is your company's IP. You were paid to do it. As a kid, we have learned that stealing is bad, but as we grow older, the distinction gets blurred categorically, which is why we have netas all around us.

Like Adv. Pant mentioned, the quantum of punishment meted out is important. In this case, TALK, TALK, TALK, and dissuade the compliance fellow to do what he is allegedly planning to do. If required, as a good Indian citizen who is very law-abiding, you can try and 'buy' him out through some innocent bribery... maybe a meeting at CCD, or Barista, or someplace where you guys can chat like good ol' friends. Of course, the level of 'bribery' is up to you. If nothing works, try suing him for 'character assassination', workplace harassment (man against man), intimidation, etc., and put his career at stake. You will need a smart lawyer for that, buddy. Also, before you jump the gun, make sure your little birdie who gave you such 'reliable' information is equally trustworthy. Or else, give him some of your 'accolades'!!

Live life simple. All the ppts and projects we make throughout our life will remain in our unused email when we die. What do we do with it after that? Let it be where it belongs. Move on in life. I am talking from experience and realization.

Happy New Year to you.

Regards,
Saurav Das

Relieving Letter vs. Termination Letter

Once a relieving letter is issued, the company cannot issue a termination letter (even if some past mistake is found later). In case, after issuing the relieving letter, the company finds out about any past mistake, they can issue a notice seeking an explanation. If they are not satisfied, they can file civil as well as criminal suits (the relieving letter is still valid).

Handling Bribery and Harassment Complaints

Bribing and harassment complaints should never be resorted to. This would only push you further down and weaken your case, adding more misery. Bribing is a criminal offense, and the company can initiate action. The individual against whom a harassment complaint is made can file a criminal case and also file a civil suit for compensation in lieu of damages.