Wrongfully Accused of Data Theft: Can We Push for Virtual Resolution Instead of In-Person?

Hi, my brother's company wrongfully accused him of data theft two months after his departure. When he requested a full and final settlement, they claimed that some emails were sent from his official email to a personal email, containing personal data such as tax returns, increment letters, and resume copies. He offered full cooperation and suggested a video or Teams call to provide IT personnel access to his personal email for verification and deletion of the emails. Since he has moved to a different city, visiting their office in person is difficult. However, the company insists on his physical presence at their office, where their security personnel and IT team will handle the email check and deletion.

Given the current circumstances with virtual court hearings, it seems unreasonable to require his physical presence after two months. Can we insist on virtual verification before any in-person action? Additionally, the company sent a notice of data theft two months after his departure, despite his efforts to resolve the matter. This delay is surprising, considering the company's stature as a large MNC with strong data protection measures. Forcing an ex-employee to travel to another city to delete personal data-containing emails in front of security personnel appears to be a form of harassment. What options are available to compel the company to conduct the verification process virtually, especially when they mention their legal resources and imply a challenging fight for the employee?

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.

MNC Bureaucracy and Rulebook

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.

Importance of an Unblemished Relieving Certificate

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

Learning from Mistakes

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 jeopardize 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.

Company's Perspective

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 organization. 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 traveling personally.

Thanks,

Dinesh Divekar

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 a 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 a criminal complaint for the alleged data theft. In which case, if the 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, maybe on weekends if agreeable to them, and clear the matter. Remember, MNCs can wield power, and you are powerless.

Regards,
Vinayak Nagarkar HR and Employee Relations Consultant

Hello, As I mentioned earlier in other threads, there are times when we need to think through the heart and times when we need to think through the head. Like Dinesh Divekar and Vinayak Nagarkar mentioned, the better and faster way to resolve the issue would be to go and delete the files in front of them with a few steps to safeguard yourself from any later use of your actions by the company.

1) You can ask the MNC for the said meeting on a weekend so that you can travel at your convenience. You can mention that you won't get leaves as you joined here recently.

2) Ask for the MNC's IT Department or whoever is in charge to acknowledge in writing exactly what files were deleted at the MNC's request in front of them. No generic mentions 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 could be accused of transferring top-secret files to your personal mail ID and then deleting them after being caught, with the MNC being so magnanimous to pardon you! Hope you get the point.

All the best.

Regards, TS