Bharghavi.D
Hr Assistant
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+2 Others

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Dear All,
I want to draft a letter informing future employer about a data theft attempt of our existing employee. Here is the scenario. A managerial cadre employee, he had resigned and was serving his notice period. On second last day of his employment with us he was found to have passed couple of confidential data along with business secrets to his personal mail ID.
We now want to inform his future employer about this data theft. Please let me know the ways this can be handled and also please send a draft for such a letter.
VN.
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Dear VN,
If the confidential data that can run the business in increased risk has to be addressed immediately. Furthermore, taking steps to protect restricted and vital information of the data from being used in a dishonest or illegitimate manner is important. You can always write to the person informing that he has been wedged passing the imperative info to his personal mails. You may always have to keep an evidence of tracking done for a proof of data thefting.
You may use the above "reSearch" facility at the top for any desired formats or letters as they are thousands of such formats in CiteHR for improving the betterment of the learners.
Good Luck!
Hello VN,
While concurring with Sharmila Das about the need to address such a situation immediately, pl clarify the followinf aspects of the situation/case.
1] Was the employee confronted with the issue/proof of passing the company secrets to his personal mail ID? If yes, what was his response? If not, why not?
2] What are you trying to achieve by alerting the future employer? Are you sure that the employee wasn't doing it for them? Typically, such actions lead to the next employer...though this IS NOT a rule.
3] Keeping his action aside for a while, was any valuation of the company secrets he transmitted done? Are you clear about the level of damage this info COULD DO IF MISUSED? If yes, pl decide on the next course of action based on this aspect.
There are 2 aspects you also need to take into consideration while handling such issues: (1) the damage potential of the leaked/lifted info AND (2) the message the company wants to send to the other existing employees.
All the Best.
Rgds,
TS
dear sir,
You may inform the future employer about the employee if back checks are done. But, you need to curb this tendency of the employees by sending a strong message across the lines, by taking legal action. If there was a service bond or a confidentiality clause in the appointment letter, you can file a civil suit for damages or file a criminal complaint to the cyber cell of the Police deptt.
Dear TS,
Thanks for the inputs.
This guy served the Sales Head position which by virtue is a very responsible position. You can ascertain the value of data that he might b in possession with.
1. Yes The employee was confronted and we have his acceptance to the data theft in writing.
2. I do not want him to join his future org with the sensitive data that was pilfered for next couple of months. This is the reason i want to alert his future employer.
3. Yes we had summoned an urgent meeting where it was ascertained that his act is likely to cause huge financial damage to the org.
VN.
Please help me draft a legal fool proof letter. Would appreciate if any of u have a template for such cases. VN.
Dear V N,

I'm not understanding the purpose of you informing the future employer...

This implies that you have some personal grudge on that particular employee:blink:,... If so please stop that right now...!!!

See, if that future employer is interested in background check and when it comes to you... you can inform them about it.. when the future employer himself is not interested..why are you bothered to intimate them..

You've told that you've taken it in writing from him regarding data theft.. so definitely enough scene would have been created and this would have already had an impact on his mind... I suppose he would dare to repeat it in future... coz he would have learnt enough....

Now the question is, he has already left your organisation,...he is elsewhere...so why are you interfering in his further career growth.. without knowing if he would repeat the same or not...??????

Please donot play with his life...!! Gone is gone... he might have changed or not changed.. he is not harming you any more... just forego it.. Let him carry on in whatever ways..coz at the end of the day.. he is answerable to his own consciousness.. and he would be the one who would be facing embarassment in future also...!!!

HUMAN BEINGS WILL CHANGE & YOU DONOT CHANGE.. YOU ARE NOT A HUMAN BEING...

You need not care about who are not human beings at all that too with human beings who donot have ethics at all.... 8)

Regards,

Bharghavi
Dear Bhargavi,

Thanks for sharing ur ideas.

We members in this forum are here to discuss things professionally. Spiritualism can be kept aside. I have clearly mentioned in the mail trail why I want to inform his future employer. Where does the question of grudge comes? As a Sr. Manager - HR & Admin i cant afford to nurture grudges against my employees. it is my responsibility to seal data pilferage for my org.

instead of I being proactive here u r saying me to sit back and let the employer come to me asking for a BC? U might be kidding!! Dear, he has confidential data with him with which he just cannot be allowed to join the competitor.

I have it in writing so is that going to stop him from not using the sensitive data at his new place? what impact on his mind are you talking about? An employee serving at a senior post that too since so long if he does such an act i cannot just sit back and say he is answerable to his own consciousness!!! Does his intention to steal the data itself NOT prove that he is indeed going to use it @ the competitors place?

Dear Bhargavi - Even I am a kind person. Ppl who knows me wud definitely second this. but i prefer to keep kindness back home when dealing with such grave acts of misconduct.

vn
Hello VN,

Frankly, I think Bharghavi gave her opinions based on how she saw the 'readings' of the situation--you need not have come over her like a ton of bricks.....no pun intended pl.

In fact, I think it's this variety & range of angles which the members of this Forum view a subject/topic/issue that makes this Forum so very lively, informative & MORE importantly, educative.

Coming to your update, First of all, I think you need to make-up your mind on what your PRIORITY# 1 is.

Is it [1] Teaching the Sales Head a lesson for what he did to the company? OR [2] Ensuring he doesn't repeat it @ the new company too? OR [3] Safeguarding your company's interest AFTER this fiasco?

Let me explain--if you alert the next company, there are 2 possible scenarios that can arise: maybe they would drop this guy OR they would ignore your inputs [ESPECIALLY IF they set-up the whole thing]. But can you keep tracking him all thru to see which company he would join then & keep alerting every company he intends to join [after all he, like everyone, needs to work]? Is this realistic & practical?

PERHAPS, at a sub-conscious level, you are mixing up what you really want to avoid @ the conscious level--thinking thru the 'head' & thru the 'heart'? Hope you get the point.

The way I see it is this: Your First Priority HAS TO BE to safeguard your company AND ensure the message goes down the line within the company that such behaviour wouldn't be tolerated AND invite severe action from the company.

I would suggest you to involve your company advocate ASAP in deciding the next step. While by common-sense, his admittance in-writing is OK, legally it may not be enough--what if he says in the court that he was coerced to give the written statement? It takes a lot more evidence to have a watertight legal case. Another reason why involving your advocate right @ this stage is better is such issues can take time to get resolved & also be time-sensitive. If you don't have any company lawyer, you can contact any legal member from this Forum I guess--there are quite a few of them who are capable.

And, like one member suggested, refer the case to the Cyber crimes cell--with your advocate involved all thru. This step would also bring-out any possible involvement of outsiders [not necessarily the new company], IF ANY. With this single step, you would be handling the issue with the focus on your COMPANY's secrets rather than on the individual AND ALSO sending a strong message to other employees.

All the Best.

Rgds,

TS
Dear VN Sir,
Apologies.. if I've hurt you...
My intention was only to tell you that it would be bad on the part of the employee if we are backing him.. and I didnot concentrate on spirituality...
Sorry...!!
Regards,
Bharghavi
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