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Advice to my possible illegal termination

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1 Advice to my possible illegal termination on Sat Apr 13, 2013 9:42 am


Arresto Menor
Hi! I'm working in a BPO and I'm currently under preventive suspension due to unauthorized duplication
and/or possession of corporate confidential files which could also merit dismissal.

Here's the story.

I brought a USB flash drive device inside the floor knowingly well that it is against company policy to bring electronic devices, however the said offense would only merit a final written warning. The purpose of bringing the device was to transfer the case-to-call logs to a different workstation that I intend using during that day. The said transfer of data was essential to track the ticket number numbers or case number as required by Operations Team. So I presume that this would be considered as official business purpose. After my shift, I left my USB flash drive inserted at the back of the iMac at our production floor and forgot also to delete the files. It was confiscated by the roving security personnel after their inspection on that day also. Upon their investigation of the contents of the USB, aside from personal pictures, movies etc. there were several Ticket numbers /Case numbers of out client's customers. The said list of case numbers are all considered confidential data and information by the account. Possession of such would merit dismissal from the company as stated in the company policies.

In my written explanation, i have admitted that I own the USB flash drive that was left inserted to the iMac and I further admit that I committed an offense against our company policy which would merit final written warning.

I humbly requested that the allegation of unauthorized and/or possession of corporate confidential data be null and void for the following reasons:
1. The said use, possession, duplication, and/or trafficking of the aforementioned data was done during my official work period and for official business purpose. I intend to delete such information before I leave the office. It was never my intention nor has it been proven that such data was used, possessed, duplicated, and/or trafficked other than official business.
er it can be used to access a particular system.
2. The confidentiality of the ticket Numbers/Case Numbers is disputable. In my meek opinion, these data are “ordinary of nature” since they can only be used as a reference just like an order number, article number, etc. If these data would be used to acquire certain information which maybe confidential in nature, it will require further authentication. This data does not have any commercial value nor can be detrimental to the company and its clients if it became part of the public domain. It was also never particularized in any confidentiality agreement that the said information is confidential.

Note: the file that I forgot to delete does not have any customer information or the contents of the tickets. Just numbers.

In the admin hearing, the HR representative and manager reaffirmed their position since the said data ,if not confidential, is proprietary. The duplication also of the ticket numbers is unauthorized and since the ticket numbers are found on my personal data storage, it will be considered as illegal possession thus can also be considered as breach of trust. My "good intention" can't be seen or relied upon.

I reaffirmed my position that the data was used for official purpose and I intend to be delete it before leaving the business premise. The "objective confidentiality" of the data is still remains disputable to me.

Is it still reasonable for them to terminate me after hearing my side?

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