I have been a 3 year employee of the company.
Last February 24,2014 i got a notification about unauthorized downloading of a internet browser that was done August 2014.
Then Feb 28, 2015 i received a notice to explain memo bearing the detail : "allegedly downloaded safari browser, an unauthorized software on 8/31/14"
I was asked to explain in writing within 5 days from receipft of the memo.
If proven true, the acts thay would constitute violations of the company as follows:
1.nauthorize use of pc/ internet for non-work related purposes such as downloading,copying or forwarding non-text file email attachment,applications, utilities,images,music and pages from the internet
2.information hacking / unauthorized copying,renaming,modification,deletion or access of any system,data,directory files,utilities and other software application programs
3.Engaging in other activities not related to the employees official duties during office hours for personal benefit.
Item 1 and 3 are for 3rd level corrective action (final written warning). Item 2 will be for termination if proven.
The only screenshot they were able to provide was for line item #1 coming from the IT dept that it was downloaded last August 2014. No screenshot that would validate the line item #2 and #3.
The downloading of unauthorized software was a known issue within our account. There was a time last October 2014 that there were a lot of people who was caught downloading it by our IT dept. But there were no sanction given to those people. We had also received a notification coming from the vice president of our operations dated November 2014 that somehow they would reconsider it at that time and have a frequent check about it moving forward.
If the given scenario was a agreement that sanction will be provided to people who will get caught after that date. But the case they were escalating to me was a download done August 2014 which is before October 2014 which somehow a known issue, which can expectedly have those possibilities of downloading is happening at that time.
Will you be able to help me the possibilities of them dropping this case because of some technicalities of the issued escalations? What points in the labor law code that could help me out with this concern?
Hoping for your soonest response.