How Should HR Handle an Employee Ignoring Laptop Use Policies Without Ruining Their Career?

Recently, one of our employees started carrying his own laptop to the workplace, using it for official work. We have strictly instructed all employees that they cannot use their personal laptops or pen drives in the office because we have confidential and sensitive data on our office laptops and desktops. This employee has been using his own laptop for the past week and has given the excuse that his desktop is slow. However, when my admin checked the desktop, it was working properly. Even when I checked and performed my regular activities on that desktop for an hour, the system worked properly. Based on our observation, he is not satisfied with the desktop because he was previously using a MacBook Air, which allowed him to show off.

Policy Options for Addressing Employee Behavior

Now, according to policy, we can either suspend him or terminate him. However, as an HR professional, I personally do not want to ruin someone's career. Despite issuing two warning letters, he has shown no effort to change his behavior. Instead, he simply ignores those emails. Therefore, I seek guidance from experts on how to address this behavior and what actions can be taken other than suspension or termination. One thought I had was to place him on a probationary period instead of a permanent one, as demotion is not applicable in his case due to there being no lower level available.

Please advise me on how to proceed in this case.

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.

@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 a one-to-one session. But he is not taking anything into consideration; rather, he is arguing to get the previous laptop.

Give him an SCN.

Take action of termination after following the laid down procedure, ensuring natural justice. He appears to be an indisciplined person, and his continuance will affect the smooth functioning and safety of company data.

Why not sit with the concerned staff and try to speak to him about what is making him 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 it out if not done already. You may include a person of his choice as a third person [among the staff], if the situation demands.

Either he desperately wants a solution, including going back to the previous desktop, or he wants an excuse to resign from the company. A memo may be issued if he is not interested in any of your methods to resolve the issue.

Thanks and Regards

Talking to him, giving SCN, putting on probation, and termination are all okay. However, you may consider implementing logical access restrictions. For instance, individuals should not be able to connect to the company network from personal computers.

Additionally, thinking creatively, you could suggest that he deletes all personal data and uses his personal laptop exclusively for office work, with the condition that he does not take it outside the office.

Dear Colleague, It seems the employee is adamant and unwilling to comply with basic discipline. I suggest the 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 until the enquiry and final action are taken.
3. With this strict action, he may resign instead of going through the enquiry, in which case, allow him to do so.
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 the employee leave with no blot on his career.

Regards, Vinayak Nagarkar HR Consultant

Dear Mr. Natharao,

When the employee has been given enough warnings about not using his personal laptop and storing/working on it on the Company's premises, it can be safely presumed that there are chances of him sharing confidential information with competitors. This is sufficient grounds in legality to confiscate the laptop.

However, once the employee is threatened with the confiscation of his laptop, he would certainly not bring it to work.

Thank you,

Regards,

R. H. Kavarana
HR Manager
Mumbai