Please help!!

[seriously]

i have just been suspended from work for accesing a folder with my managers name that was on a public folder but not password protected and then sharing this information with a work colleague, the information was a skills matrix and also a list of who needed the more managing in department.

I was advised that i have been suspended pending investigations as this could be deemed as gross misconduct, am i about to lose my job?

 

[fisicx]

Were you using the public folder for work purposes or just snooping?
Was there any indication on the documents that they were confidential?

Either way, sharing the information was a silly thing to do. You would have got away with accessing the folder if you had then told the manager about the security issue but opening and distributing personal information wasn't a good idea.

Doubt if you will get the sack but a warning is probably on the cards.

 

[seriously]

i was looking for something else but when i foound this folder curiosity did get the better of me, there was no indication it was private but i knew it was.

i know there is only 2 outcomes for this the best i can hope for is a final written warning and the worst is dismissal.

Why do i seriously think i will get the sack?

 

[David-Web-Guy]

I would talk to CAB to get an understanding of your legal rights.

If the folder was in a public location and you were looking for a document / file that was stored in the folder then you should be let off with a slapped wrist. If you were digging down folder after folder after folder then that could be an issue.

I wish you the best of luck.

IMHO any sensitive information should be password protected we are all human.

David.

 

[seriously]

It wasnt in that folder it was in a folder 3 below the one i was looking at, but once i found the folder i couldnt stop myself looking at what was in it.

I know it bares no relevance at all but my manager pointed out to my Union rep it had only been unprotected for a few days but i know for a fact that it has been unprotected for at least 6 months!!

 

[David-Web-Guy]

TBH you know you were snooping, just be honest in the meeting and speak to you union rep. We are all human and we all make mistakes, it's best to come clean about things as they always come out in the end.

However I would recommend that you also seek legal advice, there are an number of employment special that give you a free consultation.


Best of luck.

 

[TheGuru2010]

You would only know that if you had been looking before!!! Seriously why would you even look at these things then share them if you KNEW that you shouldnt be looking at it!!! Agreed that management should have taken more care but at the same point you should show more respect for the company that pay your wages!!!

 

[seriously]

of i course i knew it was wrong but i trusted the person i passed the information to not go running management.

the evnt has happened now and i have been suspended the only thing i am concerned about is whether i will still have a job i have a wife and 3 kids then need a roof over there head and this is the only way i can keep it(by keeping my job)

 

[TheGuru2010]

I feel for you i really do (been a parent myself) & i do hope they just give you a slap on the wrist, what you have to remeber from your employeers point of view is that you have been spread private information which could have possibly caused uproar with the staff that it concerned, this would have an effect on the business some how. This is one thing that really annoys me sometimes is the lack of respect for a employer, they have the decency to pay your wage look after you & then staff do things that effect the business as a whole. Sometimes its like staff just dont care, anyways its friday & my rant is over

 

[econway]

I think you know that you did wrong, all you can do now is be honest in the meeting and in further discussions and hope for the best.

 

[steve23]

Yes, as said above, be open and admit you made a mistake.

Let them know that now you have had cause to give it some thought, you fully understand and realise that it was the wrong thing to do - people make mistakes, but learning from them is the important part.

Provided you have a good record, I would expect you to be ok - if you dont, well, you've put your own kneck in the noose and now they can hang you if they wish !

All the best

 

[seriously]

besides this i have been a model employee i have no issues with things like sickness, quality or any other nature.

trust me no one is beating myself up more than i am and i know i am in the wrong i really hope my record is taken into account i get on with all the people involved in this and i know i have ruined my relationship with these people i just hope i get a chance to rectify this situation

 

[Geoff T]

After this - would you want to go back? You'll have some MAJOR repair work to do on the bridges after this episode!

Even if they're good about it - you'll still have to go back and face those people again...

 

[seriously]

yeah i want to go back, i have been ther 5 years and have had an amazing time, even if i go back only to get into the new year before seeking other employment.

The thing is if i keep my job my life in the financial industry wont be over, if i get dismissed thats the avenue closed right off!!

 

[E Storey]

Snooping is one thing.

It is gross misconduct in it's own right.

Blabbing about it to another employee is something quite different. It is gross misconduct +1.

As I [and countless others]have said before, this is UK business forums, not ACAS.

You accessed restricted files, if it was a genuine mistake, you would not have shared the juicy gossip with anyone else. You committed gross misconduct, you are experiencing the consequences of your own actions. Now go cry one someone else's shoulder.

 

[seriously]

E-Story i am not crying on anyones shoulders, i have merely asked advice about the potential outcome.

I am not denies the fact that i am VERY much in the wrong, but "THANK YOU" so much for your advice it is greatly appreciated, i hope you come to no harm during your life and every need the support of others and i don't think you would be greatly recieved after making comments like these!!

 

[Stuart Bailey]

honesty is the best policy. say you made a mistake and wont do it again.

 

[E Storey]

E-Story i am not crying on anyones shoulders, i have merely asked advice about the potential outcome.

I am not denies the fact that i am VERY much in the wrong, but "THANK YOU" so much for your advice it is greatly appreciated, i hope you come to no harm during your life and every need the support of others and I don't think you would be greatly received after making comments like these!!

Right back at you ... no if you made an honest mistake post your name and employer details....

You deliberately spread information about your own colleagues shortcomings when you knew you were in the wrong. Now you want advice as to how you can wriggle your way out of it?

Let me put it this way... if your colleagues found info about you that said "snoops into private files, has no respect for privacy and then spreads confidential information around the office" ... how would you feel?

[removed by mod - threatening] And don't worry, with or without my comments, you will!

 

[Jenni384]

[removed to reflect earlier edit] And don't worry, with or without my comments, you will!

OP admits he did wrong, does rubbing his face in it really achieve anything?

TBH I think it devalues the forum when people start making personal attacks like this

OP, others have already said it: admit you were in the wrong, tell them you feel bad about it, keep your fingers crossed. Good luck - we all make mistakes from time to time.

 

[E Storey]

OP admits he did wrong, does rubbing his face in it really achieve anything?

TBH I think it devalues the forum when people start making personal attacks like this

OP, others have already said it: admit you were in the wrong, tell them you feel bad about it, keep your fingers crossed. Good luck - we all make mistakes from time to time.

He came on here.... a business forum looking for an excuse, he has no excuse, I am no more rubbing his face in it than he has already degraded his own colleagues by betraying their privacy and trust.

How would you feel if if was your performance review he had leaked? would you ever want to work with him again? would you not be entitled to sue your employer for breach of confidentiality? Would they not have to bear that risk?

Seriously - are you saying that if one of your own employees leaked confidential information about all your other staff that would be OK with you? Because I know that legally, you have no option but to answer no!

 

[Jenni384]

He came on here.... a business forum looking for an excuse, he has no excuse, I am no more rubbing his face in it than he has already degraded his own colleagues by betraying their privacy and trust.

How would you feel if if was your performance review he had leaked? would you ever want to work with him again? would you not be entitled to sue your employer for breach of confidentiality? Would they not have to bear that risk?

Seriously - are you saying that if one of your own employees leaked confidential information about all your other staff that would be OK with you? Because I know that legally, you have no option but to answer no!

Of course I wouldn't like it. Nobody is saying he didn't do wrong. That isn't the issue. I still wouldn't diss him on a public forum.

He's human, he's worried, he made a mistake. He wasn't looking for excuses, he wanted to know if he could lose his job. Most of us told him he might, but to make the best of it by being honest about it now.

 

[steve23]

What world are you living in E Storey - get real !

People find out things that they shouldnt all the time - and that includes all sort of office gossip !

People talk and snoop - we cant help ourselves. That why things are password protected and draws kept locked !

The OP did wrong ,and they know it - but it was also a bit lax of the manager who left the file open for all in the first place.

Mistakes all round - quick learning process, then onwards and upwards.

OP has been a good employee to date, I would imagine this event - if handled fairly - will only make them better.

All the best

 

[E Storey]

Jenny

thanks - I like your honesty.

Truth is I would snoop too. But I would not then distribute the files around the office!

and yeah - in the real world I would actually expect my colleagues/staff to be discreet if they happened upon clealry confidential information they shouldn't have, regardless of the files being password protected. It all about trust, the OP betrayed that, as a business forum, that is the angle we have to take on this.

His comments about me "coming to harm" for pointing out his untrustworthiness and betrayal have more than galvanised my opinion of him though tbh - talk about have it my way or else!

If the op would like a different view, like I said, ACAS or the employment lawyers on here would be happy to oblige.

 

[steve23]

Hang on - he said 'I hope you come to NO harm....' etc

It was simple point to indicate that sometimes we all make mistakes and need the help of others.

I don't think he was putting a curse on you or anything

 

[Jenni384]

Jenny

thanks - I like your honesty.

Truth is I would snoop too.

Maybe I'm reading this wrong but this implies I said I would snoop. I most certainly wouldn't, and want to make that quite clear.

It all about trust, the OP betrayed that, as a business forum, that is the angle we have to take on this.

Nope, the OP posted a question on a legal forum (albeit on a business forum) and we gave him the answer. I'm a human and therefore the angle I have to take (for me) is mostly compassionate, not judgemental, given that he already admitted he was wrong. Just because I'm in business (and indeed an employer) doesn't mean I have to do anything like point out the obviousness of what he did wrong. That's a given and that wasn't the question.

His comments about me "coming to harm"

He actually said he hoped you came to no harm, lest you be on the receiving end of advice such as yours.

If the op would like a different view, like I said, ACAS or the employment lawyers on here would be happy to oblige.

It might well be worth talking to ACAS to see if they can offer any more advice on how to handle the interview.

 

[E Storey]

couldn't care less if he was, he has already demonstrated his worth! - just know that if he was was colleague of mine I would refuse to work with him after what he did!

 

[steve23]

I snoop all the time - can't help myself.

Same when I was a kid at xmas, use to go hunting for hidden presents !

(always regretted it though as it ruined the suprise)

Don't leave me anywhere alone - it will get ransacked !

Must say though, I would tend to keep info to myself - so that's one feather in my cap

 

[E Storey]

Me too - but I tend to blab.... just that if i got caught I wouldn't then whinge about it!

Plus any client that engages me has to sign a pre-nup to say any jaffa-cakes I might find are rightfully mine!

so ...

Shall we start a new thread about the best bit of confidential gossip you found out about? - I know a couple of great ones about alcoholic machine operators...

not to mention the ones that ticked "other" on the equal ops forms

[and.... I don't appreciate the cyberstalking, I know it's not being done by Jenni or Steve!]

 

[Billmccallum]

I'm a little confused by one sentance from the OP "the best i can hope for is a final written warning"...

Does this mean he has several previous written warnings?

Traditional procedure is for two written warnings prior to a final, or straight to gross misconduct for a serious breach.

My second issue is who is doing the disciplinary actions? Is it the manager who left the file without a password on it? I would think that this would be unreasonable as this person won't want to admit that their error resulted in the breach in the first place.

Without knowing all the information its difficult to offer constructive advice.

Although it goes without saying the OP knows he was wrong, it does seem he is far more concerned about losing his job than demonstrating any concern for the staff he may have affected through his actions.

 

[saxondale]

coughs ............. OP talks about a "final written warning" and getting sacked and still you`re all saying "oooh we all make a one off mistake"



read the text people, read the text




.

 

[E Storey]

It wasnt in that folder it was in a folder 3 below the one i was looking at, but once i found the folder i couldnt stop myself looking at what was in it.

I know it bares no relevance at all but my manager pointed out to my Union rep it had only been unprotected for a few days but i know for a fact that it has been unprotected for at least 6 months!!

How would you know the folder has been unprotected for that long if you had only just stumbled across it?

You must have been accessing it for 6 months to know this, therefore you were also aware of the confidential nature of what was in it. Hardly the one off moment of curiosity you would like us all to believe is it?

 

[SneakSMS]

Just because someone's got their front door open, doesn't mean you walk straight in (unless you're planning to claim squatters' rights - but that's another argument entirely).

Yea, we may all be inclined to snoop, but there's a time and a place, and to do it and then tell anyone else within the company is ridiculous.

Good luck, because if I was your employer, I wouldn't want you back. You've already proven you'll share information you shouldn't once, what's to say you won't do it again?

Having worked somewhere for 5 years, and had such a good time, you should have shown some loyalty to management and kept your mouth shut.

 

[Becky Midgley]

Just a reminder folks that personal disputes should not take place within threads, any comment made which are not relevant to the OP will be removed.

Thanks

 

[LicensedToTrade]

coughs ............. OP talks about a "final written warning" and getting sacked and still you`re all saying "oooh we all make a one off mistake"



read the text people, read the text




.

That is a bit of an assumption. You can escalate from zero warnings to a final written under extreme circumstances such a gross misconduct. I don't know what the circumstance are in this case but by suggesting that he anticipates a final written, that doesn't neccessary imply he has previous warnings. In fact in a previous post he stated that prior to this incident he was a 'model employee' which suggests a clean sheet.

Let's be honest with ourselves for a minute. Picture the scene, you arrive in the office early, its November 8th and nobody else is around. There is an unsealed envelope sitting on a desk that says 'Private & Confidential - Christmas Bonus Details'. You suspect you won't be caught and you want to see what you are getting, you might even share the details with a colleague that you trust completely. Would you look? Some of you will say 'No, never', some will say 'definately' but I suspect that ALL of you would at least consider it.

The point is, we all let curiosity get the better of us from time to time and for the most part the OP has been very forthcoming in admitting that whilst the management made the blunder of not protecting the file, ultimately HE was responsible as he went looking where he shouldn't. That takes a fair amount of balls to say that. Show a bit of compassion.

 

[E Storey]

Unfortunately that is an oversimplification of that the OP did.

He did not just take a peek, he has been looking for "at least 6 months" and it wasn't bonus information, it was confidential information about his colleagues performance.

He then showed it to other people. why? Was there somthing about another collegue he wanted to share?

It's not about showing compassion, or not. It is the deifinition of gross misconduct, which clearly lists accessing confidential data as an example of. Compounded by the length of time he has been doing this for, and the spreading around of that information, employment law CLEARLY allows for his dismissal.

We can show him all the symapthy we like, but if he is looking for some grounds on which to fight any action taken against him, there's nothing to go on is there?

 

[LicensedToTrade]

Unfortunately that is an oversimplification of that the OP did.

He did not just take a peek, he has been looking for "at least 6 months" and it wasn't bonus information, it was confidential information about his colleagues performance.

He then showed it to other people. why? Was there somthing about another collegue he wanted to share?

It's not about showing compassion, or not. It is the deifinition of gross misconduct, which clearly lists accessing confidential data as an example of. Compounded by the length of time he has been doing this for, and the spreading around of that information, employment law CLEARLY allows for his dismissal.

We can show him all the symapthy we like, but if he is looking for some grounds on which to fight any action taken against him, there's nothing to go on is there?

In some respects you are correct, the OP in his first post wanted to know whether or not he was likely to get the sack, so you have given your opinion on the likely outcome of an investigation, an opinion that I agree with...it is grounds for gross misconduct. At the same time you embarked on a wholly unnecessary tirade, above and beyond what was needed.

 

[seriously]

coughs ............. OP talks about a "final written warning" and getting sacked and still you`re all saying "oooh we all make a one off mistake"



read the text people, read the text




.

I am not on any warnings now or have i ever been, but i cant see them goign for a first stage written warning, in fact the more i think about this as the weekend went on the more i thought, if they have suspended me they aint letting me back into the company, it would of been the manager who left the file unprotected but she is in hospital having an op so i think it may be the manager above her, she works 400 miles up the road so if she is coming all this way you can rest assured its bye bye job

 

[LicensedToTrade]

I am not on any warnings now or have i ever been, but i cant see them goign for a first stage written warning, in fact the more i think about this as the weekend went on the more i thought, if they have suspended me they aint letting me back into the company, it would of been the manager who left the file unprotected but she is in hospital having an op so i think it may be the manager above her, she works 400 miles up the road so if she is coming all this way you can rest assured its bye bye job

I wouldn't be so sure of it. Any people manager worth their salt takes gross misconduct very seriously. The cost of sacking someone without getting your ducks in a row first can be very costly and so the switched on employer will only sack someone if they are certain they are entitled to.

The nature of your actions is a little unusual in that the supposedly confidential file was accessible to all. This could be argued in your favour in a tribunal. As for what you did next by distributing the information, that would be a little harder to defend against.

Trust is an extremely important and rare commodity in any business and whilst it is easier to destroy, it isn't so easy to rebuild. In my own (relatively uninformed decision in this case) opinion, I would suggest that your position within the company hangs on whether your employer believes that a) they can trust you not to do this in future and b) if they decide they can't trust you, whether they think they can dismiss you cleanly without running the risk of an expensive tribunal.

You aren't completely powerless at this stage. You have already admitted to us that you cocked up, have you said as much to your employer? If not then it would not do you any harm to write a formal letter detailing your regret for what you have done, the damage it could have caused to the company and what you would like to see as your future within the company. Be careful not to be too specific about what you did, don't write a running commentary on your actions or you will be bang to rights if it ever went to a tribunal.

If and when you are invited to a disciplinary hearing, make sure that you have a witness with you, your employer is likely to bring one. This can be an appropriate colleague or a recognised union representative if you are in one. In your case I would recommend the latter.

 

[gotreatme]

Not being funny, but it was PUBLIC and it sounds like the file might be a PROBLEM (staff who need managing more?! is this Legal!?--in a word, NO!) so obviously a person would pass this information on.

Speak to your union rep, be honest and explain everything, seriously!

Sounds like the file was a "dodgy" file to start with.

 

[saxondale]

Not being funny, but it was PUBLIC and it sounds like the file might be a PROBLEM (staff who need managing more?! is this Legal!?--in a word, NO!) so obviously a person would pass this information on.

Speak to your union rep, be honest and explain everything, seriously!

Sounds like the file was a "dodgy" file to start with.

er no - public is pinned on the wall on a library, anything on a machine at work belongs to work.

would you give me a half hour in your office?

thought not!