hrnikita
Hello,
Yes, even we are not interested in getting into legal action.
We are interested into our client data,
we tried calling him just submit the data and then you can leave the company but there was no reply to our calls as well for our mails & letters.
We have backup data as well, but what if our customer raise question of not taking care of his assets,(having fear in mind that his data can be misused).
Ultimately we are not interested into that candidate, but into maintaining relations with our client.

From India, Pune
job_connect_consultancy
37

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borntosin <link updated to site home> <image no longer exists>

Join Date: Jul 2010
Location: Demukolche
Posts: 129

Re: Leaving the Co. without any Intimation
Hi All,

I am that employee........Anyone can lodge POLICE complaint.....No problem at all..........I deleted the client database.......I didn't signed any papers regarding client database......bye bye my company and HR......Now I am with our competitor....
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“Courage is the standing army of soul which keeps it from conquest ,pillage and slavery”"
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I dnt know if this is the same person who quited the above . Coming to the solution of your query company can ruin the employee life. Its a data theft so you need to file case with Cyber Crime Bureau( address you can get in web). PC which the employee had usedm you can use it as a proof for leaking data. Your office IT manager will give you more details .
You need to have proof that company has given him the data. Without proof no legal action possible.
Signing on letter head mean he has entered in an agreement . You can also put him behind bar for breach of contract.
Also file case for fraud and cheating. Just Consultant any lawyer , if follow procedure then you 'll spend Rs 5000, and if you file case pvtly then may be Rs 20 k will be company's expenditure. The guy will come out to solve the matter out of court.
You can claim for damages upto 5 crore also . what is the loss of recovering 5 lakh also if settle matter out of court.

Getting data back is not always best deal as sometime these kind of employees need to teach lesson so this should never happen in the office and Other employees never does then.

we also had a data theft in our office some months back . We took legal action against that employee. If the employee has joined any competitors then see that employee does not able to work with them too. No employer wants thief in their offices too.

Rest your decision


From India, Mumbai
ukmitra
296

Dear All ,

Nobody is disputing the fact that resigning from job is not an offense, and its right of every individual. But leaving the office of incharge for which you were entrusted by the company, without information or/and criminal intention is not allowed under any law. Ofcourse, we have to ascertain if intention where criminal or not.

Making a police complaint is first to protect the company's interest, who are under pressure of their own security where the client may feel that anyone can frisk-away their data. Hence, a police complain is important in view of safe guarding the company's interest, to prove that they are not in hand-in-gloves with the so called absconding employee.

And who will prove if the employee is criminal or not, I guess, that's why we are involving the Police Department, as I don't think we in business have the time, effort and expertise and money to do an investigation for one employee.

As for the IPC section under which we can book the employee, if proved, are Section 98, Section 97, Section 415 and Section 420. This I guess we must leave to our Police Department to decided what they would like to book the absconding employee based on the gravity of the crime, as maybe proved by the company .

Ukmitra

From Saudi Arabia, Riyadh
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