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Termination

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asked on Feb 12, 2015 at 13:42
by   sawtoh
Hi,
I need your advice urgently. I am currently working in 1 of the electronic firm in Bayan Lepas Penang and I am with the company for almost 18 years now. Until yesterday HR inform that IT department found some adult material stored inside my company PC. (Note : I did copied files from my friend Pen drive, but I didn’t download, share it  or watch during working hour. Also those files was copied 1 year ago and I forgotten to delete it.)
HR told me the action can be immediate termination and they gave me a Show Cause letter for me to sign and asking me to send him a replay with 3 days to reply.
Please advise me what should I do next?

Thanks you very much
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3 Answers

answered on Feb 15, 2015 at 03:18
by   arun1011
Hi there

Not easy to reply to this. But i would need to know few things before i could even attempt to advise you on how to reply.

1. Is there any policy in the Company preventing you from bringing pen drive from outside?
2. In your friend's pen drive, was there any other non pornographic files?

I could attempt to give you an advice if you could provide answer to the above.
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answered on Feb 16, 2015 at 00:35
by   sawtoh
Hi Arun,
   Thanks for your kind help and below is my answers to your question

1)Our company didn’t stop us to bring any Pen drive to work, but you cannot use it inside the production.

2)BTW I borrowed my friend pen drive  was happen in US California(Sunday morning in my hotel room). My US friend came to visiting me and told me they are some good comic and stories  store in his Pen drive. Then in the convenience/faster way, I extract the pendrive files(stored by using  Winrar compress format) into my company PC and this incident happen in the year of 2013 around month of Aug/Sept.  After that I forgotten I had copied something into my PC, until last week HR came over and told me they encounter my PC have some adult material or file inside.
They asked me did I download those materials for 5 times, but my answer was “No”. I did show them the file I downloaded that morning.(Note: the file I downloaded stored inside the same folder as  the adult material was encounter). I also told HR I did not use company resource downloading this kind of material and they issue me a Show Cause Letter and now I need to face the DI on Tuesday(Feb 17 2015).

Thanks again and company said it will terminate my contrat and ask me to look for new job.
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answered on Feb 16, 2015 at 07:36
by   penang
Hi,

If you haven't seek a lawyer, pls immediately find one. If you need time, do write in saying that you are not familiar with DI procedure and need time to prepare since the DI is only 2 days away.

There are few reasons:

1. Some MNCs in bayan lepas, especially the older ones, are notorious for finding faults. Partly because of the company's implementation of performance review. The investigator/HR also have "targets to meet". Some are known to even look for other faults than what is complaint of and try to manipulate/twist the stories. 
2. While you may think that you problem can be described with a few statements as above, there are many other things to look at for you to answer in your show cause letter and in DI. For example, what does your company policy say about this and I presume you are not allowed to keep any illegal material (including porn or pirated) on your company's pc.
3. You seem to be arguing that your activities are not within working hours. However, this may not be relevant as you are using the company's pc to do illegal thing (having non-copyrighted material) which may incur liability to the company.
4. Is your friend a colleague? And is your friend brought as a witness and is he charged as well?
5. Particularly concern about this line - "company said it will terminate my contract and ask me to look for new job." The DI hasn't been held yet right? Did they company say this in writing and can you prove this? If it's not already in writing, please immediately try to get an evidence of this. Perhaps by just e-mail the person who said this to you and confirm this statement.
6. What is the charge precisely? Did they charge you for "download" or "possession" as you kept emphasizing on the download part?
7. It is odd if you haven't replied the show cause letter and yet the DI has been scheduled.
8. Pls also be careful on signing any witness statement. There have been cases where investigators prepared witness statement unfavourable to you, even though you may not notice it and ask you to sign.

It is also best not to reply in details what the company has not known here. Feel free to provide details after your DI for sharing though. I think most important here as your statements seem to be incoherent, it's best for you to get the DI delayed and put up a good case.

If you need some advise as a friend, e-mail to:  penangkiaint@gmail.com

Good luck.
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