I got Dismissed for something I didn't do

[stevo]

HI,


I recently got dismissed at work for something i didn't do


I used to have a keylogger which i used to protect my laptop when i was in university, but i haven't used it for years and have completely forgotten it was in my software folder.


Recently, i got a new laptop and when transferring files from my old laptop with my phone, i copied all my files including the long forgotten key logger to my phone.


On getting to work the following day, i plugged my phone to charge using my company computer, and the AVAST antivirus flagged up the key logger on my phone, which led me to examine it and then i remembered the key logger.


After examination, i was convinced it was no threat as i have not moved, copied or tried to install the software, so i decided to go to my phone and delete the software. On getting to my phone the software has disappeared, so i assumed the file has been quarantined as that is what most antivirus do .


A few days later, i was called to a meeting to discussed what happened has AVAST has also reported the issue to the system admin. That same day i got suspended pending a disciplinary hearing.


At the disciplinary hearing, i got accused of lying as the IT admin officer insisted that their system prevent deletion from third party device as it is against there policy which i know is not true as it deleted the file in my case.


She also accused me that she believed i have tried to set-up the file. which i am 100% sure i haven't. I asked if this has been verified and if she has proof of this, she said it has been Verified and he shas evidence showing i tried to install the software. I asked for this evidence several times, but she refuses to show me because of the security implication to the company.


Finally i was dismissed based on the fact that she believed it was human intent to install the key logger on my company system without showing me her evidenced which she used to come to this conclusion. She said i have breached a company policy "staff must not compromise or attempt to compromise company computer system".


I am certain i have not bridged this policy, because i have not or attempted to compromise anything belonging to the company.


I think she dismissed me to prove to the company he is doing his job.


I need help appealing because i am 100% sure all the information in the document he refused to show me is false.

Dont i have to see the evidence she has against me?


Thank you

[sean5302]

Re: I got Dismissed for something I didn't do

Hi stevo and welcome to LB.
How long have you worked for this employer?
That is significant as, if for less than 2 years, you have no right of access to an employment tribunal.

It sounds as though the company held a full and proper investigation.

You would have a mountain to climb in trying to explain having a keylogger and bringing it to work, let alone plugging it into a company IT system.
Keyloggers are not items of protection. They are used to record people's keystrokes, usually to steal bank account passwords and suchlike.
Crackers to expose the company system to that.

If you have the requisite service you could spend your money and instigate a claim at the ET. Personally, I don't rate your chances of success. You brought this against you as a result of your actions.
I'm sorry this doesn't help you much, but I'd move on, in your position.

[stevo]

Re: I got Dismissed for something I didn't do

Hi Sean,


Thank you for your reply, i have spent just 8 months with the employer, and yes they claim to have had a full investigation.


I am not interested in getting my job back, i just don't want to be dismissed for something i didn't do.


She claim i tried to install it on my work computer, and refuses to show me her evidence. Does she have the right to do that?


I am never been so sure of anything in my life, i did not attempt to install it. I just plugged my phone with the intention of charging it.


They can fire me for charging an infected phone, but not for trying to install a key logger.


I think the reason they don't to show me the evidence is because it is all rubbish, and i can crush it with my strong IT background. And again she has lied on so many occasions during the disciplinary making me alot more suspicious.


I dont mind spending as much money as possible, i just want to see the evidence and prove them wrong

[sean5302]

Re: I got Dismissed for something I didn't do

Hi mate.
Since you don't have the requisite 2 years' service, you can't do much about this.
You have no right to see any evidence.
If you had worked there for long enough and decided to go to a tribunal, the judge would be interested to see whether the company had conducted a full investigation. They have and would certainly win the case.

Don't you see their point of view?
I can't see a reasonable, legal reason for having a keylogger, as an employee.
The company will have such software, so as to keep an eye on what their employees are up to. They are vicariously liable for things their employees do.
It could well be that which has caught you.
I can sympathise with the position you now find yourself in, but I'm sure you'd agree with me that it wasn't the most sensible thing for you to have done, mate.
Most keyloggers are used by criminals to record credit card numbers, passwords and suchlike.
If you were a major employer, what would you have done with such an employee?

[teaboy2]

Re: I got Dismissed for something I didn't do

Why on earth would you have a keylogger in the first place as they are not protection software. They are known as spyware software due to them logging what people type, passwords, texts, credit card details and etc etc. They do nothing to protect your laptop from being hacked or used by others.

As for the company needing evidence. The fact you were caught with keylogging software is all the evidence they need to give them reasonable belief that you were up to no good and therefore in breach of company policy. Reasonable belief is all they need to sack you, and the evidence they in their computer system logs showing that an attempt to install a keylogger to the computer was made is all they need.

Not only that, but please don't try fooling us in to believing the computer scanned the files on your phone, as it doesn't work like that. When you connect your phone to a USB port of a computer to charge the phone, the computer will only detect the device not scan it, it may show a pop up asking you if you wished to open files on your phone. But it would not have detected the Keylogger unless you had executed that file by trying to open it via the computer or transfer or install it to the computer from the phone. If what you told us was true, then everyone of us would see our computer antivirus alerts popping up every time we connected our phone to charge via USB, due to all the adware software, viruses, keyloggers (and other spyware) and false negatives due to poorly written coding that come as part of apps!

[stevemLS]

Re: I got Dismissed for something I didn't do

I've never bloody heard of key loggers but with OP's plainly strong IT knowledge,they really should have known better.

I'm afraid OP I think you have had fair and balanced advice both from Sean and teaboy, quite apart from your inability to bring a claim for unfair dismissal due to the time bar, the fact is you connected a device with the offending software to your corporate IT system. I don't think there is anywhere for you to go.

[DanielLee5]

Re: I got Dismissed for something I didn't do

Once I had just the same problem as the author described) I installed a keylogger, I had good intentions only - to protect my younger brother from Intenet inappropriate content, but once I plugged it to our office PC to get it charged and next day I was accused in spying) Happily I explained the situation and got rid of all the suspicions.

[FlamingParrot]

Re: I got Dismissed for something I didn't do

Why on earth would you have a keylogger in the first place as they are not protection software. They are known as spyware software due to them logging what people type, passwords, texts, credit card details and etc etc. They do nothing to protect your laptop from being hacked or used by others.

I thought keyloggers were only used by online scammers who want your bank details.

Not only that, but please don't try fooling us in to believing the computer scanned the files on your phone, as it doesn't work like that. When you connect your phone to a USB port of a computer to charge the phone, the computer will only detect the device not scan it, it may show a pop up asking you if you wished to open files on your phone. But it would not have detected the Keylogger unless you had executed that file by trying to open it via the computer or transfer or install it to the computer from the phone. If what you told us was true, then everyone of us would see our computer antivirus alerts popping up every time we connected our phone to charge via USB, due to all the adware software, viruses, keyloggers (and other spyware) and false negatives due to poorly written coding that come as part of apps!

When you connect an iPhone to a Mac via USB, iTunes will start synching your phone unless you stop the process. Having said that, synching creates an encrypted back-up of your phone on the Mac, it does not automatically run any of the apps, although you can access relevant apps such as those for file transfer, via iTunes if you so wish.

I've had my iPhone five years and never had another smartphone, had no idea Android (presumably that's the platform you are referring to) apps had all that cr@p on them, that certainly isn't the case with the Apple platform. :smash:

[Crazy council]

Re: I got Dismissed for something I didn't do

hi

When you connect an iPhone to a Mac via USB, iTunes will start synching your phone unless you stop the process. Having said that, synching creates an encrypted back-up of your phone on the Mac, it does not automatically run any of the apps, although you can access relevant apps such as those for file transfer, via iTunes if you so wish

Lol, if the software was good, the Av would not have spotted it, but seriously, what on earth is your company doing allowing employees to plug phones or devices into system, especially through the USB.

that certainly isn't the case with the Apple platform. :smash:

AAAAAAAAAAGGGGGHHHHHH you get told about it on the android platform. Apple spend millions on solicitors sueing anyone that mentions a flaw, then fix it, then denigh it.

[teaboy2]

Re: I got Dismissed for something I didn't do

I thought keyloggers were only used by online scammers who want your bank details.

When you connect an iPhone to a Mac via USB, iTunes will start synching your phone unless you stop the process. Having said that, synching creates an encrypted back-up of your phone on the Mac, it does not automatically run any of the apps, although you can access relevant apps such as those for file transfer, via iTunes if you so wish.

I've had my iPhone five years and never had another smartphone, had no idea Android (presumably that's the platform you are referring to) apps had all that cr@p on them, that certainly isn't the case with the Apple platform. :smash:

Well i've never used a Mac, and the OP didn't refer to the company computer as being a Mac, and most companies use PCs. And yes it is the android phones system i was using as an example.

Anyway, doesn't change the fact that waht the OP did was very foolish, as i can not see why he would want a keylogger for security purposes?!