Re: FWD: An ugly job incident (long)

[John Posada <john -at- TDANDW -dot- COM>]

Dear Anon..


> The next day after the rumors began flying, I went through my file cabinet
> and threw away old hand-written notes, which were on the file server in
> electronic form. I also deleted all of my personal files from the file
> server. If I was to be laid off, then I didn't want somebody standing there
> while I sorted through personal things.
>
snip
>
> The next day I went into work and asked somebody from HR to sit in while I
> met with my manager. The manager accused me of walking off with company
> documents and stealing several items that I did not (like software and
> books). I was told that I can't throw anything away without permission; I
> answered by saying that they shouldn't put trash cans and white paper
> recycling bins everywhere then. Each individual accusation was clearly
> answered and proven wrong. But I was let go anyway under the excuse of
> corporate restructuring. Eleven of my coworkers were let go a couple of
> hours later.


While you probably weren't wrong (though, what was the motiviation for
cleaning out the files only 24 hours after thinking you may be laid
off?), you have to consider perception vs reality.

Put yourself in their place.  An employee has documents and files that
may or may not have been important (or else why keep them for any length
of time), and only upon hearing of a layoff, starts deleting and
discarding stuff...and they don't know what that stuff is, since you've
thrown it away or deleted it.

In a previous life, I was involved in selling records management systems
and records retention consulting.  Much of my consulting had to do with
legal retention of corporate information.

One of the no-nos of document destruction was to destroy information
during any situation that falls outside of normal business procedures.
IN other words, have a policy of when material is to be destroyed, (at
the close of a project, when the files are delivered, every 90 days, you
pick it) then follow that procedure. NEVER destroy material during a
time when the information contained in that material may be relevant for
other reasons; litigation, EEO, employee termination, etc.

As far as the software, I'm a contractor and I own LOTS of software. I
usualy install almost a dozen programs of my own, which I delete at the
end of the contract.  However, I do two things. I submit a list of the
programs to my manager AND I only delete the EXE, COM, and DLL files of
the program, leaving all the data files behind.  This way, if the
information is important enough, they can buy a copy, install it, and
have the data back. After all, even though I used my software, I created
the data files on their timel, so they own the data.


>
> They told me my severance pay depends on my manager determining that I
> didn't steal anything. I won't know if I get my severance pay until the end
> of this month when it will be deposited in my account.

Kiss that puppy goodbye

>
> Questions:
>
> Do you think I was wrong to throw away notes and old edited documents?

More wrong than right (your timing sucked)


> Have any of you had something similar happen, like being accused of
> stealing?

No


> Do you think I have legal recourse if I don't receive my severance?

I'm not a lawyer


> Is this a clear case of defamation of character?

I'm not a lawyer, but i'd guess No, just a bad situation. Learn and move
on.--



John Posada, Technical Writer
Bellcore, where Customer Satisfaction is our number one priority
mailto:john -at- tdandw -dot- com   mailto:jposada -at- notes -dot- cc -dot- bellcore -dot- com
phone(w) 732-699-3077    phone(h) 732-2910-7811
alpha-pager: 800-864-8444 pin 1857522  http://www.tdandw.com
email pager: mailto:1857522 -at- pagemart -dot- net
My opinions are mine, and neither you nor my company can take credit for
them.
  "Give a man a fish and he will eat for a day. Teach him how to fish,
and he will sit in a boat and smoke cigars all day."

 From ??? -at- ??? Sun Jan 00 00:00:00 0000=