I have a 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 same case in another topic because I have a very specific question related to labor law with regards to tampering of evidence.
Little Background
I am Arun, working as a principal developer for a small startup company with a headcount of 20-30, with the Director in London and only HR here. I joined on 19th Sept-16 on probation for 6 months, and on 12th Jan-17, I filed my resignation citing a series of serious illnesses in my family, and I needed to take a break. The resignation had been accepted by the management, and it was also mentioned in the email that they would like to take me back when my issues are resolved.
I was serving the notice period from 12th Jan till 25th Jan-17 when my mother suffered a heart attack along with a severe case of H1N1. I verbally informed HR and the team and left on 25th Jan-17. I emailed about the situation and my date of return (13th Feb-17) on 1st Feb-17.
I didn't get any response from HR or the director (to whom I directly report) until 8th Feb. On 8th Feb, the director forwarded three emails (one each for disciplinary warnings, absconding from work, bad performance, and as a direct relation to a huge loss to the company) to my personal email id (because that morning I had complained that the official account was locked by the IT administrator). It was mentioned that these emails were sent to my official id on 2nd Feb-17, and I had not responded.
What's suspicious is that I have my official account (Gmail for Business) set up on my mobile, updated until 3rd Feb-17, and I couldn't find any such emails sent by the management. Also, two of the emails (originally sent to my official id) forwarded to my personal id don't have a "From" address, date, and 'Forwarded Message' as a header. This can only be done if the original message is being edited before forwarding it to the recipient.
I have been asking for permission for my official account, but no response for a week.
My series of questions related to law here are:
- What if the management had indeed tampered with the email to make it look like it was sent earlier when 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 become void and null?
- Also, to date, my HR claimed that since I was on probation, 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 leave?
Regards, Arun
Little Background
I am Arun, working as a principal developer for a small startup company with a headcount of 20-30, with the Director in London and only HR here. I joined on 19th Sept-16 on probation for 6 months, and on 12th Jan-17, I filed my resignation citing a series of serious illnesses in my family, and I needed to take a break. The resignation had been accepted by the management, and it was also mentioned in the email that they would like to take me back when my issues are resolved.
I was serving the notice period from 12th Jan till 25th Jan-17 when my mother suffered a heart attack along with a severe case of H1N1. I verbally informed HR and the team and left on 25th Jan-17. I emailed about the situation and my date of return (13th Feb-17) on 1st Feb-17.
I didn't get any response from HR or the director (to whom I directly report) until 8th Feb. On 8th Feb, the director forwarded three emails (one each for disciplinary warnings, absconding from work, bad performance, and as a direct relation to a huge loss to the company) to my personal email id (because that morning I had complained that the official account was locked by the IT administrator). It was mentioned that these emails were sent to my official id on 2nd Feb-17, and I had not responded.
What's suspicious is that I have my official account (Gmail for Business) set up on my mobile, updated until 3rd Feb-17, and I couldn't find any such emails sent by the management. Also, two of the emails (originally sent to my official id) forwarded to my personal id don't have a "From" address, date, and 'Forwarded Message' as a header. This can only be done if the original message is being edited before forwarding it to the recipient.
I have been asking for permission for my official account, but no response for a week.
My series of questions related to law here are:
- What if the management had indeed tampered with the email to make it look like it was sent earlier when 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 become void and null?
- Also, to date, my HR claimed that since I was on probation, 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 leave?
Regards, Arun