Hi All,
We are a small company with 15 employees. One of our employees worked on one dedicated software project , he created all critical components. In the middle of the project we observed that the customer is not showing interest in the project and is not giving the payment also. It was a phased project. Still we asked to him to work on it and finish the project. Last week we noticed that the employee was taking backup of the data, when asked the same day he resigned and went. We were trying to contact him but he is not responding. Meanwhile we learnt that he has joined the same company for which we were working and it seems that he has already given the source code to them.
This is a serious case for poaching and we have communicated to him we won't give relieving letter to him but we think he already communicated this to the new employer and they are not worried about this.
Now What options do we have. Can we blacklist this employee somewhere also for this type of companies what we should do is there any forum where we can file a compliant against them.
Please guide. We have hired this guy only for this project for which we didnt get money from customer and the salary we gave him for his tenure all is loss for us..
From India, Hyderabad
We are a small company with 15 employees. One of our employees worked on one dedicated software project , he created all critical components. In the middle of the project we observed that the customer is not showing interest in the project and is not giving the payment also. It was a phased project. Still we asked to him to work on it and finish the project. Last week we noticed that the employee was taking backup of the data, when asked the same day he resigned and went. We were trying to contact him but he is not responding. Meanwhile we learnt that he has joined the same company for which we were working and it seems that he has already given the source code to them.
This is a serious case for poaching and we have communicated to him we won't give relieving letter to him but we think he already communicated this to the new employer and they are not worried about this.
Now What options do we have. Can we blacklist this employee somewhere also for this type of companies what we should do is there any forum where we can file a compliant against them.
Please guide. We have hired this guy only for this project for which we didnt get money from customer and the salary we gave him for his tenure all is loss for us..
From India, Hyderabad
This is a very serious offence. Being an IT guy I can understand the loss of the organisation and the impact on the fellow employees. Do you have any policy of NDA(Non Disclosure Agreement) in place. Has he signed such document while joining.
From India, Guwahati
From India, Guwahati
Greetings, Does the NDA mentions the clause which doesn’t allow him to join your client ? What about the contract with client ? Didn’t you have indemnity mentioned in it ?
From India, Mumbai
1858From India, Mumbai
Hello sv2,
Pl clarify/confirm the points Pon & (Cite Contribution) mentioned ASAP.
Also, pl ensure the computer system which this guy used while he was with you IS NOT USED BY ANYONE FROM NOW ON. A lot of data/files can be retrieved even if deleted--there are special tools to handle this task.
Next, pl ask your System Admin guy to check ALL the mails he sent from this system--both from official ID & personal IDs [I know this traffic can be tracked while in use, but not sure if it can be done retrospectively].
Next, pl prepare your company mentally to file a Police complaint with the Cyber Crimes Cell @ Bangalore. How successful will this step be depends a lot on the files retrieved from his system [basically evidence what Pon mentioned]--the reason why I mentioned NOT to allow anyone else to use this system until you get to the bottom of this.
Blacklisting such guys won't really help YOU. What you ought to be focusing on has to be on how to protect YOUR interests in this issue--once you file the Police complaint, he will be taken care of [and if the other company--your ex-client--can't show any evidences to support their claim, which you can bet they would say, that they are innocent, they too would have to face the music]. The NDAs, Indemnity Bonds, etc will come later--in the courts. But you still need to be ready with such docs.
Rgds,
TS
From India, Hyderabad
Pl clarify/confirm the points Pon & (Cite Contribution) mentioned ASAP.
Also, pl ensure the computer system which this guy used while he was with you IS NOT USED BY ANYONE FROM NOW ON. A lot of data/files can be retrieved even if deleted--there are special tools to handle this task.
Next, pl ask your System Admin guy to check ALL the mails he sent from this system--both from official ID & personal IDs [I know this traffic can be tracked while in use, but not sure if it can be done retrospectively].
Next, pl prepare your company mentally to file a Police complaint with the Cyber Crimes Cell @ Bangalore. How successful will this step be depends a lot on the files retrieved from his system [basically evidence what Pon mentioned]--the reason why I mentioned NOT to allow anyone else to use this system until you get to the bottom of this.
Blacklisting such guys won't really help YOU. What you ought to be focusing on has to be on how to protect YOUR interests in this issue--once you file the Police complaint, he will be taken care of [and if the other company--your ex-client--can't show any evidences to support their claim, which you can bet they would say, that they are innocent, they too would have to face the music]. The NDAs, Indemnity Bonds, etc will come later--in the courts. But you still need to be ready with such docs.
Rgds,
TS
From India, Hyderabad
No, as of now we don't have any proof of copying him the data, we are assuming on the basis that our customer stop taking calls from us and not even tracking the project status even they have paid initial amount for the project.
We have NDA agreement i will verify for this client specific requirement, i remember we have that clause.
As TS suggested do we have to go for police complain, we are just thinking that it will affect his career permanently, so just thinking to take this course of action or not.
From India, Hyderabad
We have NDA agreement i will verify for this client specific requirement, i remember we have that clause.
As TS suggested do we have to go for police complain, we are just thinking that it will affect his career permanently, so just thinking to take this course of action or not.
From India, Hyderabad
No proof, then leave the matter & close the file. why to follow the unscrupulous elements? He will be caught somewhere. Pon
From India, Lucknow
From India, Lucknow
Hello sv2,
Like Pon suggested, if you EITHER DON'T HAVE PROOFS OR CAN'T GET 'SUFFICIENT' PROOFS, then "let him reap what he sowed". Just 'let go'. Nature has a way of paying back anyone & everyone in the same coin.
Coming to the police complaint issue, it all depends on TO WHAT EXTENT IS THE COMPANY TAKING THE HIT--if the project this guy was into isn't a very high value one [in technical and/or financial terms], then it may not be worthwhile to go after him [going to Police has it's own set of headaches to be handled]. I suggest you keep the Company/organization as your Reference Point & NOT the guy. What you would be doing [IF you do decide to go to the Police] is in self-defense & NOT being vindictive.
Another aspect in the whole incident is: this 'maybe' gives you a chance to correct your systems & processes. So learn from it & make the necessary corrections within the Organization, to avoid any repeating AND ALSO include clauses that handle the worst-case scenarios, IF & WHEN they occur.
Rgds,
TS
From India, Hyderabad
Like Pon suggested, if you EITHER DON'T HAVE PROOFS OR CAN'T GET 'SUFFICIENT' PROOFS, then "let him reap what he sowed". Just 'let go'. Nature has a way of paying back anyone & everyone in the same coin.
Coming to the police complaint issue, it all depends on TO WHAT EXTENT IS THE COMPANY TAKING THE HIT--if the project this guy was into isn't a very high value one [in technical and/or financial terms], then it may not be worthwhile to go after him [going to Police has it's own set of headaches to be handled]. I suggest you keep the Company/organization as your Reference Point & NOT the guy. What you would be doing [IF you do decide to go to the Police] is in self-defense & NOT being vindictive.
Another aspect in the whole incident is: this 'maybe' gives you a chance to correct your systems & processes. So learn from it & make the necessary corrections within the Organization, to avoid any repeating AND ALSO include clauses that handle the worst-case scenarios, IF & WHEN they occur.
Rgds,
TS
From India, Hyderabad
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