Q: My friend basically gave her resignation papers. My friend deleted WhatsApp from her phone. It contained company information and clients. They're holding her pay and passport… A: It is a way to harass an employee. There is always a backup, and she can ask to retrieve the data through the backup…

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Can the employer hold my dues and sue me for deleting work Whatsapp from my phone?

Hello,

A friend of mine is currently facing a situation with her employer for which I would really appreciate some advice. My friend basically gave her resignation papers.

While serving her notice period, the company took away her company SIM card, Email access, files access, etc. after which my friend deleted WhatsApp from her phone.

It contained company information and clients so she didn't want to have that WhatsApp on her personal phone since she's no longer supposed to have access to anything at this point.

After deleting WhatsApp, the company is now making all sorts of allegations and they're holding her pay and passport.

They even raised a MOHRE complaint against her for 5 different claims one of which is damaging property and some stuff like that.

Now, they are basically telling her to give them back all that WhatsApp information then she can go, otherwise, they will sue her in court.

My question is, is she obligated to give back those conversations from WhatsApp or not?

Nikhat Sardar Khan

Hilal & Associates Advocates & Legal Consultants

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22 Jun 2023, 12:17

It is a way to harass an employee.

There is always a backup, and she can ask to retrieve the data through the backup and retrieval process.

Please ask her to contact me, and I can help her. My services are free to those who cannot afford them.

22 Jun 2023, 12:20

Unfortunately, it seems impossible to retrieve that data, the company doesn’t provide a cell phone, they only provided her with a SIM card so she was using her personal cell phone with the company’s card.

And in her personal phone, the backup option was turned off so no data was ever backed up. They tried with IT and even tried to contact WhatsApp.

22 Jun 2023, 13:44

Then there is nothing that can be done. It is her phone and she can do what she likes.

22 Jun 2023, 18:18

I understand, thank you so much.

I have advised her for the time being to try and de-escalate the situation and do her best not to let the case escalate into a legal issue.

However, if there is no alternative, then I will be sure to get her to contact you.

Much appreciated.

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