#Anonymous

Recently one of our employees started carrying his own laptop in the workplace and he desperately using his personal laptop to do official works. We have strictly instructed all of our employees that they can not use their personal laptop or pendrive in office, because we have confidential and sensitive data in our office laptop and desktops. This employee is using his own laptop from last week and given the excuse that his desktop is slow, but when my admin guy checked that desktop it was working properly, even when I have checked and I have done my regular activities over that desktop for 1hour, that time system worked properly. As per our observation, he is not happy with the desktop as previously he was working in MacbookAir which helped him in showing off. Now as per policy we can either suspend him or can terminate him. But as an HR, personally, I don't want to spoil someone's career. But even after giving 2 warning letter he does not even bother to change his behaviour. Rather he is simply ignoring those emails. So all I want is guidance from the experts that how can I shape this behaviour and what can be done apart from suspension/termination. What I have thought that we can move him into probation period from permanent one, as demotion will not be applicable in his case because there is no level below him. Please guide me in this case.
19th September 2018 From India, Kolkata
What does his HOD say?
Security can stop him from bringing personal laptops.
Basically give him a written notice and seek his explanation.
Involve his HOD fully.
19th September 2018 From India, Pune
#Anonymous
@Nathrao, his HOD asked him not to bring his personal laptop, but he is not listening to anyone. We do not have that security check facility as we do not face the necessity of checking our employees. Three written warnings have been given with a gap of one day. We have even tried to make him understand in one to one session. But he is not taking anything into consideration rather he is arguing to get the previous laptop.
19th September 2018 From India, Kolkata
Give him a SCN.
And take action of termination after following laid down procedure following natural justice.
He appears an indisciplined person and his continuance will affect smooth functioning and safety of company data.
20th September 2018 From India, Pune
@Nathrao, thank you so much for your expert guidance.
20th September 2018 From India, Kolkata
Hi
Why not sit with the concerned staff and try to speak to him as to what is making him to break the rules repeatedly and what in his view would be the best solution? If you feel that the employee needs to be given a chance and treated fairly try out, if not done already. You may include a person of his choice as a third person[among the staff], if situation demands.
Either he wants a solution desperately including going for the previous desktop or wants an excuse to resign from the company.
Memo may be issued if he is not interested in any of your methods to resolve the issue.
Thanks and Regards
20th September 2018 From India, Hyderabad
Hi,
Please confiscate his laptop immediately. Write a mail to him that as per Company policy, all data on his laptop will be deleted and do so. Since the laptop is confiscated as per Company rules, you are at a liberty to return the same to him at the end of the day or hold it for some time till he asks for it.
Hope this works.
Thank you,
Regards,
R. H. Kavarana
HR Manager
Mumbai
20th September 2018 From India, Mumbai
Dear R H Kavarana
What is the legal authority to seize some ones laptop?
20th September 2018 From India, Pune
Talking to him, giving SCN, putting on probation, termination are all ok, however, you may look at having logical access restrictions, in that, one cannot connect to company network from personal computer. Also, just thinking out of the box, you may look at asking him to delete all personal data and use his personal laptop for office work only with a caveat that he will not carry it outside the office.
20th September 2018 From India
Dear Colleague,
It seems the employee is adamant and unwilling to fall in with basic discipline.
I suggest following:
1 Suspend him forthwith pending Chargesheet/ Enquiry.
2 Take custody of the personal computer/pendrive to check if any confidential data is stored and assure him that the PC will remain in the custody of the Company till the enquiry and final action is taken.
3 . with this strict action, he may resign instead of going through enquiry in which case allow him to do.
4. If he does not resign, complete the enquiry and terminate him. At this stage also , he may resign which may also be considered, as it will be in good taste to let employee leave with no blot on his career.
Regards,
Vinayak Nagarkar
HR- Consultant
20th September 2018 From India, Mumbai
Dear Mr. Natharao,
When the employee has been given enough warnings about not getting his personal laptop and storing/working on it on Company's work, it can be safely presumed that there are chances of him sharing confidential information with competitors.
This is enough in legality to confiscate the Lap top.
However, once the employee is threatened with confiscation of his Lap top, he would certainly not bring it to work.
Than you,
Regards,
R. H. Kavarana
HR Manager,
Mumbai
21st September 2018 From India, Mumbai
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