Anonymous
Hi,my brothers company wrongfully accused him of data theft after 2 months of relieving, when he asked for full & final they told they noticed some emails were sent to personal id from official id, these emails have his personal data like tax returns, increment letter ,resume copy etc, he offered full cooperation and asked that they can have a video /teams call and he can provide access to IT guys to his personal e-mail so that they can check and delete mails as now he has moved to different city but they are insisting on personal presence at their office where their security personnel and IT guys will do that as its not easy to travel and even court cases are being heard virtually I don't see a point other than harassment for coming so far to different city that too after two months, can we insist on doing it virtually then personally,also company has sent notice for data theft after two months relieving that too after employee repeatedly contacted for full final settlement which is still not done ,were they sleeping for so long as they are big MNC with robust data protection and IT infrastructure ,forcing a employee to come to another city and delete mails with personal data in front of security personnel is a kind of harassment ,what options are available to make company do it virtually as they are telling they have big force of lawyers and employee will not be able to fight them
From India, Bengaluru
Dear member,

I recommend you and your brother to think with a cool head. An employee, after leaving the company, has been residing away from his erstwhile duty station. Now the company is asking him to come to their office and delete the data in front of them. Seemingly, this is ridiculous. However, sometimes we have to abide by what the company says. This is because the company always enjoys a whip hand. In contrast, what are the powers of an employee? Nothing! Therefore, if we do not live with a notion of parity between employer and employee, the better.

Your brother's ex-company might be an MNC. However, please note that these MNCs are bureaucratic also. They go by the rulebook. For them, the violation of the rule is more important than the outcome of the violation.

At this stage, it is important for your brother to get an unblemished relieving certificate. For the sake of this certificate and too the outstanding dues, it is important to listen to what they say. The intransigence of any kind could have repercussions on the career itself.

One becomes wise when one pays the price for the mistakes. This has happened with everybody. Therefore, let your brother take it as a lesson and not jeopardise his career. While leaving the company, all that was required for your brother was to send those personal documents to the IT team and ask them to send these to his personal email ID. However, he did this activity on his own and has breached the company's data security policy.

For a while, think from the company's side. They always wish to create an example of exemplary punishment. As your brother travels from outstation for the sake of deleting a few files from his personal email ID, the news will spread across the organisation. Perhaps an attempt might be made to circulate the news deliberately. This informal and indirect communication becomes a means to spread awareness of the company's policies. Additionally, these instances create deterrence in the minds of the serving employees too. Hence their insistence on travelling personally.

Thanks,

Dinesh Divekar

From India, Bangalore
Dear colleague,

Your brother has been charged allegedly with data theft by his previous MNC. His dues are not yet settled and he has joined another company in different location.

The company wants him to come personally to delete some personal files which he is unable to do at present.

The company may choose to file criminal complaint for the alleged data theft. In which case, if court issues summons to appear personally, you have to comply.

To avoid any complications or to settle this amicably, it is suggested in your own best interest, to find some way to visit , may be on weekends if agreeable to them, and clear the matter . Remember MNC can wield power and you are powerless.

Regards,

Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Hello,
Like I mentioned earlier in other threads, there are times when we need to think thru the heart & times when we need to think thru the head--like Dinesh Divekar & Vinayak Nagarkar mentioned, the better & faster way to resolve the issue would be to go & delete the files in front of them WITH a few steps to safeguard yourself from any later using of your action by the Company.
1) You can ask the MNC for the said meeting on some weekend so that you can travel as per YOUR convenience--you can mention you won't get leaves as you joined here recently.
2) Ask for the MNC's IT Dept or whoever is in-charge of this to acknowledge to you IN WRITING on EXACTLY what files were deleted @ the MNC's request in front of them. No generic mentioning like 'all files deleted OR noted files deleted, etc'.
This will cover you for any later possibility that Dinesh mentioned......using your case as precedence with other employees later. If you don't have any proof of what was actually deleted, the MNC can take advantage of it--who knows.......you can be accused of transferring Top Secret files to your personal mail ID & then deleted them after being caught & the MNC was soooo magnanimous to pardon you !!!
Hope you get the point.

All the Best.
Rgds,
TS

From India, Hyderabad

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