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Hi Sangeeta,

I am working in an IT company as an HR, and I need a suggestion on a matter. One of our employees has stolen the project code from the office via email. Can you please suggest to me what steps can be taken against him? He has been working with us for the last three months.

Thanks,

Sangeeta

From India, Calcutta
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9 views but no reply. Seniors please help.This is my first post. Expecting a good response from members.
From India, Calcutta
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Dear,

Please go through the appointment letter and terminate his services accordingly. Also, lodge an FIR with the police for this theft.

Regards,
R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

From India, Delhi
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Hi Sangeetha,

First, inquire about him because the same thing happened in my company too. My colleague stole an important file. After we questioned her, we discovered that she stole it because of a small misunderstanding with the team leader. So, first inquire about him and find out the reason.

Regards,
Anand

From India, Madras
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Hi,

First, find out if the person has really done this. If so, we have to discuss it with him. If he accepts the mistake, terminate him with evidence. He is the person responsible for taking care of the company's confidential information. If he is a good performer, we can warn him. If he is not, let him go. It should not be disclosed; speak with him politely, and make sure you have all the evidence with you.

We can seek clarification from other companies (only hard coding), but he should not disclose the project's complete code.

Thanks,
Riya

From India, Coimbatore
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Dear Riya,

Greetings!

To my knowledge, even though he is a good performer, we can't take him back in any company. As per the IT policy, he violated the rules. It's better to terminate him rather than to get feedback from him and consider him for future projects. This is my suggestion.

From India, Madras
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Hi Sangeeta,

This is a case of theft, which can be seen in manufacturing and retail industries.

1. Please go through your company policies, in which remedies or treatments for such cases would be mentioned.
(or)
2. Observe his appointment letter, which may mention the required actions.
3. Lodge a police complaint against the action (which I suggest as a last resort), but I am sure it can be effective. Ensure you have some proof.
4. Do not entertain rejoining or continuing employment for such employees, as it might encourage a regular practice.

Please let me know if any corrections are needed.

Regards,
Kamal

From India, Hyderabad
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Dear Sangeeta,

We have a concept, "The Relation Documents" in HR. The list in this includes: 1. Offer letter 2. Appointment letter 3. NDA & NCA, and the list goes on, which establishes a relationship between the company and the employee.

For this situation, I request you to review the Appointment letter and NDA.

The Non-disclosure agreement shall specify the request and reason for disclosing "any information about the company," in which data and information are also included.

The Appointment letter must outline the disciplinary action:

In connection with your employment and during the term of your employment, you shall disclose and assign to "XYZ COMPANY" as its exclusive property all developments, designs, photographs, concepts, pictures, etc., developed or conceived by you solely or jointly with others and shall comply with the policies of the Company in relation to Intellectual Property.

Violation of this clause may result in disciplinary action according to the company rules, which could lead to immediate termination from the company's roles.

This statement is crucial.

Please review your company documents to determine the appropriate course of action.

Regards, Shiv

From India, Bangalore
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Hello,

You should adhere to the rules and regulations of the organization and discuss the matter with your seniors. If necessary, terminate the employee. Remember, if you do not terminate the employee, next time another employee may repeat the same act.

From India, Lucknow
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Hi A2Z, I have some queries on your posting.

1. How did you come to know about the data theft from the office?
2. Who is the person who informed you about that?

Your action: Set up a group or committee comprising a technical lead or project manager from other teams, an HR representative, and some executives from business, infrastructure, and network teams. The purpose of the group is to conduct a series of interviews (like interrogations) with the person involved. The network or infrastructure team may have applications that can provide details of what has been sent through emails, so obtain those details. The technical lead needs to analyze the criticality of the data, its implications, and so on. The business executive should provide all necessary approvals or additional authority from a business perspective.
If you gather all the necessary details, then yes, you should terminate the person and provide a written notification stating the reasons for the termination. It should be made clear that such actions should not be repeated. However, before taking this step, ensure you have strong evidence to support your decision.

From India, Bangalore
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