Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
Bharat Gera
Principal Hr Consultant
Gannahope
Asst.commissioner Of Labour..a.p.
Riteshmaity
Labour Law Advocate
+1 Other

Thread Started by #Anonymous

Hi Seniors, I need some help. One of my employee has resigned recently.
He has company data in his laptop, I think there is a threat for the company data. He is threatening that he will delete the data or will share it publicly. Can u pls let me know, Is there any way to stop him with legal terms and conditions. and Initially we didn't take any Non Disclosure Agreement from him
If possible can u pls share the powerful NDA, So that we can stop that person
Thanks, Vikas
28th April 2017 From India, Bengaluru
Dear Vikas,

Company data is stored in the laptop of the employee. However, this laptop belongs to whom, company or employee? If the laptop belongs to the company then seize the laptop from him, take back up of the data and then delete the data.

In case if the laptop belongs to the employee even then also the company data is company's assets. Tell him to handover these assets to the company and let him take his laptop.

Once the employee has already resigned then at this stage there is no point in taking NDA from him. This employee is threat to the company therefore, you need to handle this case carefully. Tell him that soft data is company's property and it's destruction, fully or partially, is misconduct under the provisions of the Indian Standing Orders Act. For tampering or or destroying the company's assets company can very well lodge police complaint and he will be responsible for the consequences. Rather than company, it is he, who could jeopardise his career if the matter goes to the police or even court.

Thanks,

Dinesh Divekar
28th April 2017 From India, Bangalore
Yes, taking the help of the police and getting him arrested or at least using the threat of arrest may be a good idea.
However, it is a good idea for you to discuss the matter with your managing director or CEO and take his help in coming to a decision.
His actions are illegal and NVS sections of the Indian penal code. I think a good criminal lawyer advice should be taken
29th April 2017 From India, Mumbai
1. before threatening the employee, please take stock of the situation and see what data & information he is having. I am sure you must have already done this, if you are sure that the data will cause harm to the interests of the company then you have to make sure that the data does not pertain to any activity which is labelled under law of the land as illegal.
2. If it is illegal, you cant do any thing even no NDA will be able to stop him.
3. If he was allowed to use his own laptop, you can do much in the matter by way of legal recourse.
4. You can send a legal notice under cyber crime for not making the data public.
5. Before going legal you can ask him explicitly through an email do you have following data, mentioning the details of the data you presume to be in his possession.
30th April 2017 From India, Thane
Since the employee has resigned and assuming that his resignation has been accepted and he being relieved from service, the employer employee relationship thus comes to an end. Hence, at this juncture, it is of no use to get a NDA signed nor to bring charges against him under any standing order (from the point of view of labour law).

Best option is to amicably settle the matter with the ex employee if the data is so important.

Otherwise, you may hire a criminal lawyer and bring charges against him provided that you can establish the charges that he has taken the asset of the company (data) in his person laptop without any authority. Make sure that this action may agitate the employee further and he may make this data available to public which may harm the reputation of the company.

I do not know what is the exact content of the data and how it can harm/ affect the company if it is shared or made public. It is better for the management to calculate the pros and cons of their actions in consultation with a criminal lawyer.
30th April 2017 From India, Kolkata
Dear friend,
These are my supplementary comments. I am writing this post as afterthought.
When the employee goes on to the extent of threatening the management for destruction of the soft data, then we also need to check what the provocation. Why things have come to such a pass? Was he threatened by his manager? Has he retaliated to threat by telling what collateral damage that he can inflict on the company? How were the relations of between manager and this employee? Was the manager or someone else harassing him for a long a time and now at the time of leaving company he wanted to take revenge?
When employee gives this kind of threat, then it could be inferred that either he has been driven to the wall or he has gone mad. I suspect former cause over latter!
Thanks,
Dinesh Divekar
1st May 2017 From India, Bangalore
Hi Vikas,
I second the comments of Mr Dinesh.
In your statement, you have mentioned that he is threatening to delete or make it available to public, Have you recorded the conversation, which can be strong evidence for the management side when approached legally, if not try to do it.
Usually in Appointment order there will be clause on "Confidentiality" which holds good. Check for the same.
If its official laptop then you can retrieve the deleted data from Sever, your IT team can help on this. If its personal laptop I'm not sure.
Cheers - Calyan
2nd May 2017 From India, Chennai
Oh Peculiar situation... foolish act of your employee.. it's quite unbelievable crucial information....kept with
An unreliable employee....
some secrecy..
I think something went wrong...OK it's none of our business....
Our advise is immediately approach cybercrime police case.... you can get immediate relief... blackmail case...
All the best...take enough care before recruitment to keen posts...
30th November 2017 From India, Nellore
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