Legal action - friend left the company and he deleted all company source code

dharm123
Hello sir/Madam,

One of my friends left the company, and he deleted all the company's source code. The company sent an email requesting the submission of all source code and login information, but my friend did not reply. Instead, he submitted all the source code (all projects) he had worked on for the last 8 months. The company still has one month's salary pending, which was the notice period. The company is saying they will pay as per the salary due date, but my friend wants it now, which is why he copied all the source code. My friend is insisting on releasing the salary first before submitting the source code.

The company is sticking to its rules and the given salary date mentioned in the offer letter. They have warned that if the source code is not provided, they are ready to take legal action. I am really confused about what to advise my friend to do and where the fault lies.
Shailesh Parikh_HR Pro
Dear Dharam,

It is unethical and unacceptable for you or your friend to engage in actions that could lead to legal consequences. The company has the right to take legal action for breach of trust and forgery if it is alleged that you have traded with the company's intellectual property. No employee should hold a company hostage; instead, it is important to settle any dues promptly so that the company can fulfill its obligations.

Kind regards, [Your Name]
PRABHAT RANJAN MOHANTY
Dear friend,

Whoever he may be, the damaging, destroying, or wrongful use of office information falls under misconduct. The company is at liberty to take legal action and can even file an FIR at the police station in the name of the employee involved in sabotage work. The work done by the employee is not his property but rather the property of the company for which the said employee was hired and remunerated.

Your friend is lucky enough that the company has not initiated any legal proceedings. Once it starts, your friend will have to pay manyfold more than his pending salary and could be put behind bars.
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