Suspended from work for gross misconduct

[Brodiedog]

Hello all.

Im currently in a very stressful and worrying situation.

Ive done something a bit silly, but I also appear to be being stitched up and I dont have any proof to defend myself with.

 

Let me start at the beginning.

I guess the only way to ask for advice on whats going on is full disclosure of facts so:

 

I work for a local authority. Ive worked there for over 15 years in the IT department. I dont think its relevant to put which authority here but I can answer that if anyone wants to know.

 

We all have company laptops that generally come home with us every night.

I live quite a long way from my office and have an hour and 40 minutes train commute each way. Ive read books, Ive studied, Ive made web sites... all manner of things to pass the time.

Then I installed I player so I could download and watch some tv programs (This is not the issue)on the train with headphones, but most of the things I wanted to watch were not on Iplayer, so then I did something daft.

I started to download tv series such as Sons of Anarchy and The thin line from torrent websites.

I know I shouldnt have, but I didnt think it was going to lead to what then happened.

 

I wasnt the only person in my office to be doing it, and it wasnt unknown for us to swap series, again, I know I shouldnt have and 'everyone else is doing it' isnt an excuse, BUT other people were and I did.

 

Then in the first days of August, a colleague who was a contractor who was I thought a friend, had been with us for almost two years left.

I shook his hand, he said see you later mate it was good working with you, we should keep in touch and go out for a drink etc. For the record, he was one of the people I had been swapping programs with.

 

What he did next, (I didnt know this at the time, I have just found this out recently) was go up to the directors office and tell them in writing that they should look on my laptop as there was illegal copyright material on it.

 

A day or so later, the day before I was due to go on holiday, I was called into a meeting room and informed that an allegation had been made against me that there was illegal copyright material on my laptop, did I have anything to say.

Thinking that honesty was the best policy, I put my hands up and admitted everything that was on my laptop, with the exception of pointing a finger at other people.

I was told that my laptop was going to be seized and a report made on its contexts by an independent forensic inspection company.

 

That was six weeks ago and its been a very stressful six weeks, although I have been carrying on at work as normal, and was told by my head of dept when I went to speak to him about it a few weeks ago, that they were not looking to terminate my employment, but I should understand that I was in a lot of trouble.

 

Two days ago on Tuesday the 16th Sept, I was asked to come into a meeting room, where my head of dept and my manager were sitting, and I was asked if I wanted to tell them anything else that was on my laptop that I hadnt already admitted.

I said no, I have put my hands up to all accusations as soon as I was asked.

 

I was then shown a summary report of the analyses on the laptop, which listed 132 pornographic films and pornographic files on the laptop.

I was shocked, I genuinely dont know where they have come from. I have not downloaded them and I have not viewed any porn on the company laptop.

 

I was informed that any previous information that I had been told about what was going to happen was no longer applicable, the situation has now changed.

I was shown a copy of the company policy that states no authority owned equipment may be used to access of view pornography and the situation had now moved towards gross misconduct.

 

I am adamant that I do not know where this material has come from. I would be lying if I said Ive never viewed pornographic material, but I have never ever on the work laptop. As domain admins we all have full access to any device on the network, and as I have now found out from elsewhere it was someone I thought was a friend who instigated these allegations, I have a pretty good idea who placed these files there. However I have absolutely no possible way of proving it, other than protesting to deaf ears that I am being set up.

 

I was given a copy of my employment contract etc, asked to hand over my id and swipe card and my remote access tokens. I was told that a full copy of everything was going to be put together and posted to me, and there was going to be an investigation carried out by my department manager, was allowed back to my desk (supervised) to collect my bag and was then escorted out of the building.

 

Apparently this investigation will take possibly up to a couple of weeks, after which I will be invited in for a hearing, I was told unofficially by the person who escorted me out of the building that the most likely outcome will be dismissal for gross misconduct, however if I chose to resign I could leave with a clean record and would still get my three month notice period on gardening leave.

 

I have contacted my union rep from home and I have chased him up again today, and am still waiting for him to call me back.

 

So thats it, I know I was stupid for downloading films, and I understand that I was in trouble for that, but I am honestly taken back by the 132 pornographic films found, thats a hell of a lot.

 

So, Im in the crap. Ive been very stupid, but I havent done the thing that Im going to get the sack for and I cant prove otherwise.

I havent slept much for the last few nights, Im very stressed. Ive got a big mortgage to pay.

 

So thats it really, I think cards on the table warts an all. It doesnt take a rocket scientist to see its not looking good.

I just really need all the advice that I can get.

 

Many thanks in advance for any replies.

Nick.

[rebel11]

Hi brodiedog

 

Welcome to CAG

 

You should have stated to management that you exchanged files with the person that left.

 

There is little doubt that he knew this was the likely outcome. Plant the files, then inform management, once he was out of the picture. If he placed the files on your laptop, you need proof. Tell the company you are considering taking the matter further against the company/individual concerned and that you require the laptop because you want to get the laptop independently checked out to find out how the files got there as you did not download them.

 

Tell them to put the disiplinary matter on hold, whilst this is happening. You can get all sorts of info from files and the laptop.

[SabreSheep]

If your union rep is not responding contact your Area Office and speak to a full time official.

[dx100uk]

very much doubt P2P or downloaded

via any company network

as there would be traces easily found

of the source

 

penstick would be my guess

the nasty one slipped them on when he was not looking.

 

dates of the files could be important particularly the modified date.

as I bet they will be the same

 

then where was the lappy at that time

 

the other thing is

if they performed a deep scan of the hardrive

then the files might have been on the drive before you got it?

 

again dates of the files are important.

 

 

as you work in IT

and have been there 15yrs you must have some pull to be able

to be given the chance to clear you name?

 

 

dx

[dx100uk]

there are easy ways of proving if the files have been even 'viewed' on the machine.

 

 

you needs to goto someone that trusts you

and that can be trusted to allow it to be properly investigated.

 

having dealt with similar situations numerous times

once proof is there that the accused didn't even view the files

management usually do not take things any further.

[Gemma.]

Sorry to read all that, I hope you get it all sorted out, what a malicious sod, did you really get no warning? The dates and back-end of the files should be fully investigated. Also this nasty person must have got the files from somewhere, perhaps there is a way to 'dob him in' and get the investigation centered onto him too? I doubt he has stopped and probably has more porn somewhere that could help you get off the hook.

 

I presume that there could be a lesser penalty for just watching normal films that you have downloaded?

 

Good Luck

[ericsbrother]

some of these bit torrent programs download this stuff and then upload it again on demand to other users. You wouldnt know about is other than your lappy running slow so it may not be an individual, just the pirate streaming site.

[Gemma.]

OMG Now you have scared me, my lappy is running slow, how would I check?

[ericsbrother]

Ask if you can get your IT bods to look at it and report what they find to whoever is in charge of the investigation.

[dx100uk]

actually theres no P2P stuff that does that

theres no need for it

 

 

malwareautobytes

or

combofix

 

 

are the progs to run

 

 

dx

[steampowered]

You have my sympathy. I wonder if it is worth asking the employer to check when the files were uploaded. This information should be easily available.

[SabreSheep]

One thing that gets me is "A friend at work dobbed you in"

 

What was the motive?

[rebel11]

I can think of lots of motives, I'd like to find out what the employer think's his motives were in reporting the matter.

 

One thing that gets me is "A friend at work dobbed you in"

 

What was the motive?

[worried person]

I think people miss what the OP has said. As domain admins it means people have access to everything on the network, it is unlikely these have been put here by a flash drive or via torrent or similar but more likely the outgoing person has placed these on there by way of mapping a drive to the OP's machine.

 

 

OP as a domain admin then surely you should know what to be asking the investigative panel to do.

 

As you were unaware of these files on your machine then this means that you would not have access them under your own account., Therefore as them to check the date these files were added, also ask them to check who the NTFS owner is of these files and directories, if he did copy them over then his login will be attribiuted to the files and exonerate you. It will also highlight that contractors should have their domain access rescinded a few weeks before end of contract as I have always had when finishing up contracts.

[Pusillanimous]

The employer only needs to show a reasonable belief in the OP's alleged behaviour in thrir treatment.

 

They found porn on his laptop. It is reasonable for them to consider the OP responsible for the laptop's contents.

 

The OP needs to think of a better excuse than "a former colleague put it there".

[dx100uk]

open