Facing a Disciplinary Meeting for Accessing Employee Accounts: Should I Be Worried About Termination?

Hi HR People, I was given a charge sheet because I accessed an employee's accounts. However, I had to do it as part of my work investigation process and responded the same in my defense to the charge sheet. I simply opened their accounts for investigation and didn't do anything beyond that.

Should I be concerned about a disciplinary meeting?

Additionally, my company typically asks employees to resign when they are found to be engaging in gross misconduct. I obtained this information from an employee who left the company due to gross misconduct (PoSH), and they mentioned that there was no formal termination provided. Could this also suggest a potential data access violation? Can you please assist me in understanding this situation better and provide some clarification?

Thank you.

Dear member,

It is difficult to comment on your post as the information given is inadequate. Please provide us with the following information:

a) What is your designation? What is the nature of your work?

b) What kind of investigation were you doing? Is conducting an investigation mentioned in the job descriptions of your position?

c) You say you accessed the employees' accounts as part of the investigation. What types of accounts were these? Were they bank accounts? Is there any SOP or policy that authorizes or restricts access to the bank accounts for those conducting the investigation?

d) Who came to know that you accessed the employees' accounts? How did this person come to know?

e) The charge sheet is expected to be specific about the violation of laid down SOP or policy or a directive of a senior. Was there a mention of violation in your charge sheet?

About Gross Misconduct

You were issued with the charge sheet and you have given a reply also. Did you take the help of a senior who is good at drafting for writing a reply? I wish you had approached this forum before giving a reply and not after. Before awarding the punishment of termination, it is incumbent on the company to order a domestic inquiry. In the inquiry, you may defend your position. Three outcomes would emerge from your defense: (i) you will be terminated (ii) you will not be terminated but awarded a lesser punishment (iii) you will not be held guilty at all.

Linking Your Case with Some Other Case

You have linked your case with a person who was terminated under the provisions of PoSH. Your case and that person's case are different. Both need to be seen independently. Linking them would be a logical overreach.

Feedback on the Method of Addressing

You have approached this forum for taking advice. While addressing the members of this forum, many of them are seniors, I wish you had used the appropriate term and not "Hi HR People." Your method of addressing the learned members is casual and impersonal. Maybe this casualness or impersonalness has landed you in the soup!

Thanks,

Dinesh Divekar

What do you exactly mean by investigation?

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Hi, thank you for your question. The term "investigation" typically refers to the process of carefully examining a situation, event, or issue to gather information, facts, and evidence to uncover the truth or understand a particular matter more deeply. Investigations are often conducted to determine the causes of incidents, resolve disputes, or ensure compliance with rules and regulations. The scope and methods of an investigation can vary depending on the context, such as legal, corporate, or academic settings.

I hope this clarifies the meaning of "investigation" for you. Let me know if you have any further questions or need more information.

Best regards,
[Your Name]