Ex-Employee Deleted Company Data and Emails: What Legal Steps Can We Take?

I am an HR Manager in the company. My ex-employee left the job without any information. Moreover, he deleted all the data and emails of the company related to his job. So, kindly provide effective advice on how we can take suitable legal actions and direct action with the employee. Additionally, all secret data remains with them.

Businesses these days run on the internet genre, with highly enhanced technology modes having developed. Henceforth, employers have also ensured their safety background in terms of BACK-UP systems and "Information Technology FORM." This IT Form is commonly seen in most BPOs and is given to new employees along with their appointment. Signing the form prevents the employee from engaging in any malpractice, and a breach of this may lead to illegitimate issues.

Do you have a server-specific IT system? Mostly, companies do have one. If YES, you may track down all the emails exchanged by this employee (stored on the server) for your citation. From this, you may clearly identify any unofficial emails sent by the person [if any].

Does the appointment letter have any clause on IT or internet usage? If YES, you may then use this against the employee.

If there is no track of finding employee misappropriation, investigate his workplace, and send him a show-cause notice for absconding along with malfunctioning with company data. Seek an exigent explanation within a stipulated time for him to respond. A couple of notices with no response should lead to a suspicion that the records have been distorted. Besides knowing the fact, if you'd still like to proceed towards a legal procedure as directed by the management, engage a legal representative.

Remember, DATA MANAGEMENT IS AN IMPORTANT ASSET TO THE COMPANY; it should be protected by all means. Law enforcement should be pursued only if you have sufficient reason to believe the suspect is guilty in the absence of material evidence.

Regards

Hi folks,

One of our resigned employees deleted all the official files and mails from the company laptop. We have not yet done the Final settlement with this employee, and our management has decided to take some action against him. However, before that, I would like to request an explanation from the employee regarding the deletion of the official data.

Could you please advise me on how to approach him through email?

Thanks and regards,
Pavithra

Dear Pavithra, two issues arise from your post. The first one is whether the employee in question was issued a proper letter stating that he is responsible for the protection and handover of the data that is under his custody while separating from the company. The second issue is when the employee handed over the laptop, why a check was not done to verify whether he had handed over the company property that was under his possession (in your case, soft data is company property). If the separating employee was casual and did not follow the proper procedure of handing/taking over, so was the employee who took over from him.

In fact, when the employee submitted the letter of resignation, did anyone issue instructions on the handing and taking over process? If yes, then was it through written communication? In many companies, this procedure is enumerated in the letter that conveys acceptance of the resignation. Did you do that?

There are employees who, out of malice, resort to this kind of recklessness. However, to protect the interest of the company, HR properly frames two important policies: one on the handing/taking over procedure and another on the process of separation. Without these policies or non-communication of these policies, results in the issues that you are facing now.

Thanks,

Dinesh Divekar