Resignation with pending investigation

[Whaliomorris]

I recently accepted a new job offer but at the same day my current employer launched an investigation about a data leaking issue against me. (I sent a 2017 payroll file to my personal email address) I now suspected from the work and handed the notice the next day. Would this pending investigation cause any background check failure? Or should I tell the new employer that after I confirmed there was no disciplinary action against me but this is happened?I have been told it’s more than likely to receive a written warning nevertheless I handed the notice as this investigation cause me huge stress and anxiety as I can’t sleep I can’t eat and can’t stop thinking about the whole thing that happened so fast. I’m regretting every minute of sending that email. Can anyone please help with this situation? Thank you

[echat11]

ULA Can you please take a look and advise, many thanks.

[ULA]

Are you currently working your notice whilst the investigation is being undertaken? If this is the case then you are still considered an employee and the company can continue with the investigation and potentially take disciplinary action against you.

If your new employer requires a reference from your current employer and particularly asks about disciplinary action then it may come to light. It may be worth speaking to your employer about your new job and asking them whether references they provide are purely a statement of job title and dates you have worked there. A lot of employers only provide these forms of references either becasue it is company policy or because some companies are concerned that a poor reference may lead to legal action.

[Whaliomorris]

My line manager is discussing with HR right now whether I could use annual leave to cover the notice period so it could be resign with immediate effects. However, I am think would it be better if I stay and let the investigation progress as I only did this kind of stupid thing once (employer from IT already checked my work email and my personal email account about any other potential confidential files I sent).

Would it be possible if I stay and let the background check to reach the HR? Last time i requested an employment reference for other purpose, it stated they do not include details on whether an employee is under notice of termination of employment (given or received) or whether an employee is on or is about to undertake a period of unpaid leave.

Can I ask any advise to whether I shall stay conduct the investigation and hope it is not a solid conclusion while the background check is conducted? or Shall I leave with immediate effect so it might showing "leave with pending investigation" but hope not to show on the reference? My manager said he will put the reason for leave either "personal decision" or "others".

I would really appreciate any advise. Thank you

[Whaliomorris]

Just got an update: The HR is waiting for the Legal to confirm whether they are allowed to disclose this information (which is still under investigation at the moment) , on the reference that if I leave with a pending investigation. This is a very tricky timing while the background check is ongoing (although i did ask them to get the employment reference at a later date i.e. when I left), I don't know if the background check will find out that I am suspended from work pending for investigation or would it be a normal factual reference? :-( any advise is really appreciated. I feel thousand chips on my shoulders everyday since this happened. I really want this to end and not ruin my career. I already learnt the lessons and will never do that again

[ULA]

I cannot say what type of reference your employer provides, is it purely factual or whether if asked for more specifics by a potential employer, they are prepared to answer these in any detail.

Some such questions which may be relevant in your scenario would be:

Have you had any reason to take disciplainary action in the 12 month against xxx?
What is the reason for termination of their employment?

Whatever happens the reference given must be fair and accurate.

[Whaliomorris]

I now more towards to stay and serve my "sentence" for the following 12 month, if I haven't been dismissed from this breach. Although the investigation manager and line manager hinted it would likely be a formal written warning, but of course its not final. My biggest fear is this record I have to disclose to any future employer it would cost my future jobs, potentially my career?

[ULA]

Not all employers ask about a disciplinary record during the recruitment process, it often depends on the type of job or company.

[Whaliomorris]

Unfortunately with the financial services (bank) always do. That’s why I depressed as one mistake ruined my entire career:-( although I understand the record will be removed after 12 month but by principle I have to disclose the information, isn’t it?

[ULA]

As I understand it the financial services industry does have a series of vetting procedures for which certain disclosures have to to be made dependent on job and leve, although it is not a process I very extensive knowledge of.

[Whaliomorris]

I have 2 options: 1 resign with immediate effect but waiting for HR to confirm with Legal whether they can put "left with pending investigation" on the reference. or 2. stay with the current employer while the perspective employer's background check is taking in place. As I understand from legal advise I discussed elsewhere they are not allow to disclose while an investigation is still on-going.

My only worry is can HR refuse to give reference given I currently suspended from work? I don't mean to hide information, but really all I ask is a second chance not to ruin my career. The last time i checked my credit score was almost 100% (don't remember what is the highest score) except I didn't register for vote then i subsequently did. I have learnt my lesson in this hard way. I have anxiety attacks since this thing happened, I have called Employee Assistant line few times as I am desperately need to speak to someone. :-( I will never ever do such thing again, one is more than enough to kill me, all I ask is a 2nd chance that I till cherish for the rest of my life.

[ULA]

Employers are not obliged to give a reference, however given the sector you are in then maybe declining to give a reference is not good.

Have you heard back yet from HR?

[Whaliomorris]

Yes they got back to me today confirming any future reference will state there was an investigation at the time of exit. I’m asking my line manager to check with HR/legal again if I stay for the investigation what would the reference say during this process :-(

[Whaliomorris]

I just feel that’s unfair the investigation should be included in any reference while this hasn’t been concluded. And it is unfounded but the consequences are fatal to me. It’s like a “death sentence “ to my career:-( can you please advise I’m devastated as seems there is no way out of this terrible situation

[ULA]

As already stated any reference has to be factually correct and accurate. If a relevant question is asked in any reference request then the response as is would be factually correct.