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Sorry for not reading your message for a few days...
It's difficult to understand the information from your inputs above, so let's first summarize the scenario.....
One of your employee has resigned. Then he sent some company related information to his personal e-mail ID. IT department tracked this e-mail & have issued him warning?
Employee has managed to convince management that the data was sent 'unknowingly'. (If this fact is agreed, then there is no question of action like termination or non completion of relieving formalities.)
It seems, even though the IT infrastructure is present to 'track' these incidents, it does not 'restrict' them. Your company does not seem to have clear policies about information security or IT restrictions. You are saying the data cannot be 'proven' as proprietory to the company as well.
The data collected by employee on job is company property, though if the policies do not enforce this it will not be possible to take any action against such information theft.
My opinion will be to let go the employee (either way of resignation or termination) if he is not of further value to the organisation. If you do not want to risk further incidents with this employee, you can think of relieving him sooner than the notice period. Also, it would be wise to immediately restrict his access to 'valuable' data in the company using IT policies.
While relieving the employee, follow "strictly" the terms mentioned in his appointment contract in this regards. Even the employees who are not following general ethics, should be treated by company ethically & legally.
Also, please discuss with your seniors in the company on this matter, as they might have different / more understanding of the company policies than you or other employees.
Going forward, you should try to setup policies for information security & IT governance to avoid such cases in future. Organizations mature by experience, so consider this as an experience & learning from this incident will surely strengthen the company processes.
jeetu2122Dear amod thanks,
one thing more can u please suggest
employee as been completed his notice period and he take later from his manager that stating that his last working day is this and this ,
so after all he served his notice period and take later then also he will get any problem in getting relieving latter,
and one thing want to clear his that the data he share not of any important and related to company while employee has been collected from himself by cold calling in to open market so please suggest, on this as soon as possible.
From India, Mumbai