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Clearance of a resigned employee who committed security breach?

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migoy


Arresto Menor
Good day. Please advise me on this matter.

The company were I am working had an employee who recently submitted his resignation. While on the process of processing his clearance, he made a violation by accessing the company computer (security breach) where he saved some of his personal files and transferred it to his own storage device without any approval from his previous manager.

Do the company or the previous manager have the right not to give him clearance that will result that the resigned employee will not be able to get his back pay?

If the resigned employee filed for money claims, can the company reason out that there's still no clearance issued to him, because of the violation he had done?

Thanks in advance.

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HrDude


Reclusion Perpetua
Yes, the company has the right to TEMPORARILY hold and delay the release of an employees clearance. As a consequence of all resignations, backpays are TEMPORARILY held as well and shall only be released when cleared of all accountabilities.

NO, the the company cannot reason out that there is no clearance issued to the employee. However, they CAN reason out that investigation as to the accountability of the resigning employee is still going so as to justify the delay of the release of backpay.

The company is mandated to make an audit as to the accountability of the employee and file damages if necessary. However, the employer CANNOT ABSOLUTELY hold the backpay forever.

Hope this helps.

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