Is “Termination with Gross Misconduct” possible after 3 months from finding that out? [closed]

manpreet Best Answer 2 years ago

My friend Bob was using the company's computer to download movies. He got caught 3 months ago, taken under disciplinary procedure and asked "Are you downloading files by using p2p software?" Bob denied it, although he knows he got caught because they mentioned the name of the software specifically.

Now, 3 months later, things between Bob and the management got ugly. And the HR called for another disciplinary procedure, and said "We recently(!) found out that you were using p2p programs at work. And we decided to fire you because of Gross Misconduct."

Are the companies allowed to hold the evidence for rainy days just like in this example? Are there any day limitations for them to use it after they find out?

Note: It's an EU country.

manpreet 2 years ago

Typically there is a section in the employee handbook that discusses the use of company resources for personal use. Furthermore, the company typically requires you to sign an acknowledgement of understanding regarding the contents of the employee handbook.

If this is indeed the cases, then yes the company can let Bob go. I am not certain if there is a number of days limitation -- that may be more of a legal question.

Also something to consider, the company may have been doing its due diligence to see if they were in their rights to remove Bob -- explaining any delay.