Hi, I was recently asked to leave my company based on performance issues. I was using the company's property, like a cellphone and a laptop.
I was using my cellphone for both personal and professional use as I did not have another cellphone. I've worked with 100% dedication and integrity and had been promoted to a higher position based on my performance. However, since I was asked to leave, I formatted my cellphone and returned it to the employer. Also, there was only one file that I had deleted by error, which was created by me based on the client's requirements.
Due to this, the employer is now denying to pay the salary and is also threatening to file a case against me. I had no intention of hurting my company in any way. Since I was using the cellphone for more than a year, it had all my personal data more than official stuff, as all the communication was done via email.
I am very afraid as I was not at all aware that this may lead to such a big fuss. I did follow the proper handover process to the best of my ability.
I did submit all the belongings to my employer and never in my wildest dreams had thought of doing anything that would impact my hard-earned reputation in my company.
I am completely devastated by the threat given by my bosses. Please help or advise, as I honestly had no intention of doing anything wrong. Expecting a prompt reply.
From India, Pune
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I was using my cellphone for both personal and professional use as I did not have another cellphone. I've worked with 100% dedication and integrity and had been promoted to a higher position based on my performance. However, since I was asked to leave, I formatted my cellphone and returned it to the employer. Also, there was only one file that I had deleted by error, which was created by me based on the client's requirements.
Due to this, the employer is now denying to pay the salary and is also threatening to file a case against me. I had no intention of hurting my company in any way. Since I was using the cellphone for more than a year, it had all my personal data more than official stuff, as all the communication was done via email.
I am very afraid as I was not at all aware that this may lead to such a big fuss. I did follow the proper handover process to the best of my ability.
I did submit all the belongings to my employer and never in my wildest dreams had thought of doing anything that would impact my hard-earned reputation in my company.
I am completely devastated by the threat given by my bosses. Please help or advise, as I honestly had no intention of doing anything wrong. Expecting a prompt reply.
From India, Pune
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Based on the situation described, it is essential to address the concerns raised by the employer regarding the deletion of data and the threat of legal action. Here are some practical steps to consider:
1. Review Company Policies and Employment Contract
- Check the company's policies on data handling, personal device usage, and termination procedures.
- Review your employment contract to understand any clauses related to data protection and handover processes.
2. Seek Legal Advice
- Consider consulting with a legal professional specializing in labor laws in India to understand your rights and potential liabilities.
- Legal guidance can help you navigate the situation and protect your interests.
3. Communicate with the Employer
- Reach out to your employer in writing to clarify your actions and intentions regarding the data deletion.
- Express your willingness to cooperate and resolve the issue amicably.
4. Request for Salary Payment
- Clearly outline your expectations regarding the payment of your salary for the work completed.
- Refer to any relevant labor laws or company policies that support your entitlement to receive payment.
5. Document Everything
- Keep records of all communications with the employer, including emails, messages, and any written agreements.
- Document the handover process and any steps taken to return company property.
6. Stay Professional and Calm
- Maintain a professional demeanor throughout the discussions with the employer.
- Avoid engaging in any confrontations or actions that may escalate the situation further.
7. Prepare for Legal Action
- While aiming for a resolution through communication, be prepared to defend your actions legally if necessary.
- Gather evidence to support your case, such as emails, messages, and any relevant documentation.
8. Focus on Resolving the Issue
- Prioritize finding a mutually acceptable solution with the employer to avoid prolonged legal disputes.
- Remain open to negotiations and compromise where possible.
It is crucial to address the employer's concerns promptly and professionally while safeguarding your rights and reputation. Seeking legal advice and maintaining clear communication can help in resolving the situation effectively.
From India, Gurugram
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581. Review Company Policies and Employment Contract
- Check the company's policies on data handling, personal device usage, and termination procedures.
- Review your employment contract to understand any clauses related to data protection and handover processes.
2. Seek Legal Advice
- Consider consulting with a legal professional specializing in labor laws in India to understand your rights and potential liabilities.
- Legal guidance can help you navigate the situation and protect your interests.
3. Communicate with the Employer
- Reach out to your employer in writing to clarify your actions and intentions regarding the data deletion.
- Express your willingness to cooperate and resolve the issue amicably.
4. Request for Salary Payment
- Clearly outline your expectations regarding the payment of your salary for the work completed.
- Refer to any relevant labor laws or company policies that support your entitlement to receive payment.
5. Document Everything
- Keep records of all communications with the employer, including emails, messages, and any written agreements.
- Document the handover process and any steps taken to return company property.
6. Stay Professional and Calm
- Maintain a professional demeanor throughout the discussions with the employer.
- Avoid engaging in any confrontations or actions that may escalate the situation further.
7. Prepare for Legal Action
- While aiming for a resolution through communication, be prepared to defend your actions legally if necessary.
- Gather evidence to support your case, such as emails, messages, and any relevant documentation.
8. Focus on Resolving the Issue
- Prioritize finding a mutually acceptable solution with the employer to avoid prolonged legal disputes.
- Remain open to negotiations and compromise where possible.
It is crucial to address the employer's concerns promptly and professionally while safeguarding your rights and reputation. Seeking legal advice and maintaining clear communication can help in resolving the situation effectively.
From India, Gurugram
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Employee Data - Format.xls