Dear All,
I want to draft a letter informing a future employer about a data theft attempt by one of our existing employees. Here is the scenario: a managerial cadre employee had resigned and was serving his notice period. On the second last day of his employment with us, he was found to have passed a couple of confidential data files along with business secrets to his personal email ID.
We now want to inform his future employer about this data theft. Please let me know the ways this can be handled and also send a draft for such a letter.
VN.
From India, Vadodara
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2I want to draft a letter informing a future employer about a data theft attempt by one of our existing employees. Here is the scenario: a managerial cadre employee had resigned and was serving his notice period. On the second last day of his employment with us, he was found to have passed a couple of confidential data files along with business secrets to his personal email ID.
We now want to inform his future employer about this data theft. Please let me know the ways this can be handled and also send a draft for such a letter.
VN.
From India, Vadodara
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Dear VN,
If the confidential data that can run the business is at an increased risk, it needs to be addressed immediately. Furthermore, taking steps to protect restricted and vital information of the data from being used in a dishonest or illegitimate manner is important. You can always write to the person informing them that they have been caught passing the imperative information to their personal emails. You may also need to keep evidence of tracking done as proof of data theft.
You can utilize the "Research" facility at the top for any desired formats or letters as there are thousands of such formats in CiteHR for the betterment of learners.
Good Luck!
From India, Visakhapatnam
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If the confidential data that can run the business is at an increased risk, it needs to be addressed immediately. Furthermore, taking steps to protect restricted and vital information of the data from being used in a dishonest or illegitimate manner is important. You can always write to the person informing them that they have been caught passing the imperative information to their personal emails. You may also need to keep evidence of tracking done as proof of data theft.
You can utilize the "Research" facility at the top for any desired formats or letters as there are thousands of such formats in CiteHR for the betterment of learners.
Good Luck!
From India, Visakhapatnam
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Hello VN,
While concurring with Sharmila Das about the need to address such a situation immediately, please clarify the following aspects of the situation/case.
1. Was the employee confronted with the issue or proof of passing the company secrets to his personal mail ID? If yes, what was his response? If not, why not?
2. What are you trying to achieve by alerting the future employer? Are you sure that the employee wasn't doing it for them? Typically, such actions lead to the next employer, though this is not a rule.
3. Keeping his action aside for a while, was any valuation of the company secrets he transmitted done? Are you clear about the level of damage this information could do if misused? If yes, please decide on the next course of action based on this aspect.
There are two aspects you also need to take into consideration while handling such issues: the damage potential of the leaked/lifted info and the message the company wants to send to the other existing employees.
All the best.
Regards,
TS
From India, Hyderabad
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While concurring with Sharmila Das about the need to address such a situation immediately, please clarify the following aspects of the situation/case.
1. Was the employee confronted with the issue or proof of passing the company secrets to his personal mail ID? If yes, what was his response? If not, why not?
2. What are you trying to achieve by alerting the future employer? Are you sure that the employee wasn't doing it for them? Typically, such actions lead to the next employer, though this is not a rule.
3. Keeping his action aside for a while, was any valuation of the company secrets he transmitted done? Are you clear about the level of damage this information could do if misused? If yes, please decide on the next course of action based on this aspect.
There are two aspects you also need to take into consideration while handling such issues: the damage potential of the leaked/lifted info and the message the company wants to send to the other existing employees.
All the best.
Regards,
TS
From India, Hyderabad
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Dear Sir,
You may inform the future employer about the employee if background checks are done. However, you need to curb this tendency of the employees by sending a strong message across the lines, potentially by taking legal action. If there was a service bond or a confidentiality clause in the appointment letter, you can file a civil suit for damages or file a criminal complaint with the cyber cell of the Police department.
From India, Pune
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You may inform the future employer about the employee if background checks are done. However, you need to curb this tendency of the employees by sending a strong message across the lines, potentially by taking legal action. If there was a service bond or a confidentiality clause in the appointment letter, you can file a civil suit for damages or file a criminal complaint with the cyber cell of the Police department.
From India, Pune
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Dear TS,
Thanks for the inputs.
This guy served in the Sales Head position, which by virtue is a very responsible role. You can ascertain the value of the data that he might be in possession of.
1. Yes, the employee was confronted, and we have his written acceptance of the data theft.
2. I do not want him to join his future organization with the sensitive data that was pilfered for the next couple of months. This is the reason why I want to alert his future employer.
3. Yes, we had summoned an urgent meeting where it was ascertained that his actions are likely to cause huge financial damage to the organization.
VN.
From India, Vadodara
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Thanks for the inputs.
This guy served in the Sales Head position, which by virtue is a very responsible role. You can ascertain the value of the data that he might be in possession of.
1. Yes, the employee was confronted, and we have his written acceptance of the data theft.
2. I do not want him to join his future organization with the sensitive data that was pilfered for the next couple of months. This is the reason why I want to alert his future employer.
3. Yes, we had summoned an urgent meeting where it was ascertained that his actions are likely to cause huge financial damage to the organization.
VN.
From India, Vadodara
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Please help me draft a legal fool proof letter. Would appreciate if any of u have a template for such cases. VN.
From India, Vadodara
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From India, Vadodara
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Dear V N,
I'm not understanding the purpose of you informing the future employer.
This implies that you have some personal grudge against that particular employee. If so, please stop that right now!
If the future employer is interested in a background check and when it comes to you, you can inform them about it. When the future employer himself is not interested, why are you bothered to intimate them?
You've mentioned that you have taken it in writing from him regarding data theft. So, definitely enough scene would have been created, and this would have already had an impact on his mind. I suppose he would not dare to repeat it in the future because he would have learned enough.
Now the question is, he has already left your organization, he is elsewhere, so why are you interfering in his further career growth without knowing if he would repeat the same or not?
Please do not play with his life. Gone is gone. He might have changed or not changed. He is not harming you anymore. Just let it go. Let him carry on in whatever ways because at the end of the day, he is answerable to his own consciousness, and he would be the one facing embarrassment in the future as well.
HUMAN BEINGS WILL CHANGE, AND YOU DO NOT CHANGE. YOU ARE NOT A HUMAN BEING.
You need not care about those who are not human beings, especially with human beings who do not have ethics at all. 😊
Regards,
Bharghavi
From India, Bangalore
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I'm not understanding the purpose of you informing the future employer.
This implies that you have some personal grudge against that particular employee. If so, please stop that right now!
If the future employer is interested in a background check and when it comes to you, you can inform them about it. When the future employer himself is not interested, why are you bothered to intimate them?
You've mentioned that you have taken it in writing from him regarding data theft. So, definitely enough scene would have been created, and this would have already had an impact on his mind. I suppose he would not dare to repeat it in the future because he would have learned enough.
Now the question is, he has already left your organization, he is elsewhere, so why are you interfering in his further career growth without knowing if he would repeat the same or not?
Please do not play with his life. Gone is gone. He might have changed or not changed. He is not harming you anymore. Just let it go. Let him carry on in whatever ways because at the end of the day, he is answerable to his own consciousness, and he would be the one facing embarrassment in the future as well.
HUMAN BEINGS WILL CHANGE, AND YOU DO NOT CHANGE. YOU ARE NOT A HUMAN BEING.
You need not care about those who are not human beings, especially with human beings who do not have ethics at all. 😊
Regards,
Bharghavi
From India, Bangalore
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Dear Bhargavi,
Thank you for sharing your ideas.
We, as members of this forum, are here to discuss things professionally. Spiritualism can be set aside. I have clearly mentioned in the email trail why I want to inform his future employer. Where does the question of grudge come in? As a Senior Manager - HR & Admin, I can't afford to nurture grudges against my employees. It is my responsibility to prevent data pilferage for my organization.
Instead of me being proactive here, you are suggesting that I sit back and wait for the employer to ask for a Background Check? You must be kidding! Dear, he has confidential data with him that should not be allowed to be used at a competitor.
Having it in writing, will that prevent him from using the sensitive data at his new place? What impact on his mind are you talking about? An employee serving in a senior position for so long, if he attempts such an act, I cannot just sit back and say he is answerable to his own conscience! Doesn't his intention to steal the data itself prove that he is indeed going to use it at the competitor's place?
Dear Bhargavi, even though I am a kind person, people who know me would definitely agree. But I prefer to set kindness aside when dealing with such serious acts of misconduct.
Regards,
VN
From India, Vadodara
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Thank you for sharing your ideas.
We, as members of this forum, are here to discuss things professionally. Spiritualism can be set aside. I have clearly mentioned in the email trail why I want to inform his future employer. Where does the question of grudge come in? As a Senior Manager - HR & Admin, I can't afford to nurture grudges against my employees. It is my responsibility to prevent data pilferage for my organization.
Instead of me being proactive here, you are suggesting that I sit back and wait for the employer to ask for a Background Check? You must be kidding! Dear, he has confidential data with him that should not be allowed to be used at a competitor.
Having it in writing, will that prevent him from using the sensitive data at his new place? What impact on his mind are you talking about? An employee serving in a senior position for so long, if he attempts such an act, I cannot just sit back and say he is answerable to his own conscience! Doesn't his intention to steal the data itself prove that he is indeed going to use it at the competitor's place?
Dear Bhargavi, even though I am a kind person, people who know me would definitely agree. But I prefer to set kindness aside when dealing with such serious acts of misconduct.
Regards,
VN
From India, Vadodara
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Hello VN,
Frankly, I think Bharghavi gave her opinions based on how she saw the 'readings' of the situation—you need not have come over her like a ton of bricks... no pun intended pl.
In fact, I think it's this variety and range of angles which the members of this Forum view a subject/topic/issue that makes this Forum so very lively, informative, and more importantly, educative.
Coming to your update, First of all, I think you need to make up your mind on what your priority #1 is.
Is it [1] Teaching the Sales Head a lesson for what he did to the company? OR [2] Ensuring he doesn't repeat it at the new company too? OR [3] Safeguarding your company's interest AFTER this fiasco?
Let me explain—if you alert the next company, there are 2 possible scenarios that can arise: maybe they would drop this guy OR they would ignore your inputs [especially if they set up the whole thing]. But can you keep tracking him all through to see which company he would join then and keep alerting every company he intends to join [after all he, like everyone, needs to work]? Is this realistic and practical?
PERHAPS, at a subconscious level, you are mixing up what you really want to avoid at the conscious level—thinking through the 'head' and through the 'heart'? Hope you get the point.
The way I see it is this: Your First Priority HAS TO BE to safeguard your company AND ensure the message goes down the line within the company that such behavior wouldn't be tolerated AND invite severe action from the company.
I would suggest you involve your company advocate ASAP in deciding the next step. While by common sense, his admittance in writing is OK, legally it may not be enough—what if he says in court that he was coerced to give the written statement? It takes a lot more evidence to have a watertight legal case. Another reason why involving your advocate right at this stage is better is such issues can take time to get resolved and also be time-sensitive. If you don't have any company lawyer, you can contact any legal member from this Forum I guess—there are quite a few of them who are capable.
And, like one member suggested, refer the case to the Cybercrimes cell—with your advocate involved all through. This step would also bring out any possible involvement of outsiders [not necessarily the new company], IF ANY. With this single step, you would be handling the issue with the focus on your company's secrets rather than on the individual AND ALSO sending a strong message to other employees.
All the Best.
Rgds,
TS
From India, Hyderabad
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Frankly, I think Bharghavi gave her opinions based on how she saw the 'readings' of the situation—you need not have come over her like a ton of bricks... no pun intended pl.
In fact, I think it's this variety and range of angles which the members of this Forum view a subject/topic/issue that makes this Forum so very lively, informative, and more importantly, educative.
Coming to your update, First of all, I think you need to make up your mind on what your priority #1 is.
Is it [1] Teaching the Sales Head a lesson for what he did to the company? OR [2] Ensuring he doesn't repeat it at the new company too? OR [3] Safeguarding your company's interest AFTER this fiasco?
Let me explain—if you alert the next company, there are 2 possible scenarios that can arise: maybe they would drop this guy OR they would ignore your inputs [especially if they set up the whole thing]. But can you keep tracking him all through to see which company he would join then and keep alerting every company he intends to join [after all he, like everyone, needs to work]? Is this realistic and practical?
PERHAPS, at a subconscious level, you are mixing up what you really want to avoid at the conscious level—thinking through the 'head' and through the 'heart'? Hope you get the point.
The way I see it is this: Your First Priority HAS TO BE to safeguard your company AND ensure the message goes down the line within the company that such behavior wouldn't be tolerated AND invite severe action from the company.
I would suggest you involve your company advocate ASAP in deciding the next step. While by common sense, his admittance in writing is OK, legally it may not be enough—what if he says in court that he was coerced to give the written statement? It takes a lot more evidence to have a watertight legal case. Another reason why involving your advocate right at this stage is better is such issues can take time to get resolved and also be time-sensitive. If you don't have any company lawyer, you can contact any legal member from this Forum I guess—there are quite a few of them who are capable.
And, like one member suggested, refer the case to the Cybercrimes cell—with your advocate involved all through. This step would also bring out any possible involvement of outsiders [not necessarily the new company], IF ANY. With this single step, you would be handling the issue with the focus on your company's secrets rather than on the individual AND ALSO sending a strong message to other employees.
All the Best.
Rgds,
TS
From India, Hyderabad
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