I am putting up here a case which would attract professional opinions, references and suggestions from you. It involves termination after acceptance of resgination by the company upon BREACH UNDER EMPLOYMENT AGREEMENT
Please allow me to submit information in a chronological manner within the same thread and hope sooner we will achieve potential case points and that will be a great help to me.
The incident dates back to March 2013. On March 21st i resigned from the company and it was accepted by the company on the same date. However, by mistake i had sent a mail from my official ID to a third party that had company information. I got a notice from the company on 3rd April about breach of contract and they said in the mail that they have terminated me. I am posting the mail below: -
NOTICE OF BREACH UNDER EMPLOYMENT AGREEMENT
The Company has found that you have disclosed Sensitive Confidential Information to an unauthorized third party by sending email dated April 3, 2013 at 12:21 PM with subject line: Campaign Report for India.. from your Blackberry Phone.
Upon disclosure of such critical and confidential information to an unauthorized third party on your part there has been WILLFUL NEGLIGENCE, GROSS MISCONDUCT, UNETHICAL BEHAVIOUR, DISLOYALTY, MATERIALLY DETRIMENTAL BEHAVOIUR TO THE INTERESTS OF THE COMPANY BY YOU.
Further, you are in DIRECT BREACH of the following terms and conditions of your Employment Agreement dated March 12, 2012 with Vserv Digital Services Ltd. (herein after referred to as the company) :
Clause 3 (a) under Schedule II – Protection of Confidential Information:
Employee agrees that at all times during or subsequent to his/her employment, he will hold in trust, keep confidential and not disclose to any third party or make any use of the Confidential Information except for the benefit of the Group Company. Employee further agrees not to cause the transmission, removal or transport of Confidential Information from the Group Company’s places or business or such other place of business specified by the Company, without prior written approval of the Company
Clause 5 – Termination of Employment
(a) Delivery of Documents and Data Upon Termination of Employment: In the event of termination (voluntary or otherwise) of Employee’s employment with the Company, Employee agrees, promptly and without request, to deliver to and inform the Company of all documents and data pertaining to his employment and the Company’s Confidential Information, whether prepared by Employee or otherwise coming into his/her possession. Employee will not retain any written or other tangible material containing any information concerning or disclosing any other Company’s Confidential Information except that financial information that he/she is entitled to possess in the capacity of an Employee.
(b) Obligations of Employee Subsequent to Employment: In the event of termination of Employee’s employment with the Company, Employee agrees that he will protect the value of the Confidential Information and prevent the misappropriation or disclosure thereof. Employee will not disclose or use to his/her benefit (or the benefit of any third party) or to the detriment of the Company any Confidential Information.
Clause 4 under Schedule I – Conflict of Interest:
The Employee is prohibited to use or release to a third party any data on decisions, plans, competitive bids or any other information which might be prejudicial to the interest of the company.
Further to above, as per Clause 6 under Company’s Leave Policy, “employees are not entitled to any leave during notice period. Pre approved leave during notice would also be nullified by the management if required”. By remaining absent from duty during the notice period you are in direct violation of the Company’s Leave Policy.
As a consequence to your breach and violation of company’s policies, company hereby terminates your employment with immediate effect and without incurring any obligation or liability towards termination.
Company calls upon you to forthwith cease and desist from any usage of Confidential Information belonging to the company. You are also called upon to forthwith return all information/documents available with you or within your control immediately to the company.
You are further called upon to confirm in writing and in person to your reporting manager;
(1) Admission to your breach of Employment Agreement with the company
(2) On whose demand have you disclosed the confidential information belonging to company
(3) You have immediately ceased use of all the Confidential Information belonging to the company
Kindly note that if you fail on your part to comply with above, immediately upon receipt of this Notice, company reserves the right to institute both civil and/or criminal proceedings against you and/or the concerned person/s for which you alone shall be responsible for both cause and consequences thereof. Company also reserve the rights to claim rendition of accounts and damages from you.
My question is can the company terminate me after i have resigned and what is it that i can do now?