Hello,
Employee if absconded from the company and made an attempt to steal the data and was successful in that.
Now the employee planned to start the company with the same services of the previous employer and will use the data in that organization.
So, in what circumstances litigation can be initiated against that employee. I have knowledge Regarding Criminal Proceedings in this case. But i want to take civil action.
I have an idea of Temporary Injunction, but not in brief.
So please help me in this regarding injunction and its citations
Thanks
Regards.
Lovedeep S. Sodhi
Law officer
Pb. & Haryana High Court
From India, Chandigarh
Employee if absconded from the company and made an attempt to steal the data and was successful in that.
Now the employee planned to start the company with the same services of the previous employer and will use the data in that organization.
So, in what circumstances litigation can be initiated against that employee. I have knowledge Regarding Criminal Proceedings in this case. But i want to take civil action.
I have an idea of Temporary Injunction, but not in brief.
So please help me in this regarding injunction and its citations
Thanks
Regards.
Lovedeep S. Sodhi
Law officer
Pb. & Haryana High Court
From India, Chandigarh
Dear Lovedeep S. Sodhi,
You should have raised this query at citelegal.com and not on this forum.
In addition to the valid points that Mr Nathrao has brought out, I would like to ask the few more questions. His points were from legal side. Let me ask you few questions from HR standpoint. These are as below:
a) When did you discover theft of the data? Was this discovery after employee's exit from your company or before?
b) How many days/weeks passed since he has left your company?
c) On discovery of theft of data, did your company order investigation? Do you have evidence to prove that he was custodian of the data? If he was custodian of the data, then did you obtain from him any undertaking for protecting the breach of data?
d) If the investigation has been completed then on the strength of findings why your company did not lodge FIR against this employee? Theft of employment and abandonment of employment both go together. Did you order additional enquiry for the abandonment of employment?
e) Theft is a crime even then also why you wish to take it as civil case and not criminal case?
f) Bringing injunction order from the court apart, did you send lawyer's notice to the employee's ex-employer stating not to enter into contract with him since this business contract would depend on the digital assets that are stolen from your company?
It appears that you had relied too much on this person. Data breach is more a systemic failure. Therefore, at least now you need to take precautionary measures and institute additional layers of security.
Thanks,
Dinesh Divekar
From India, Bangalore
7883You should have raised this query at citelegal.com and not on this forum.
In addition to the valid points that Mr Nathrao has brought out, I would like to ask the few more questions. His points were from legal side. Let me ask you few questions from HR standpoint. These are as below:
a) When did you discover theft of the data? Was this discovery after employee's exit from your company or before?
b) How many days/weeks passed since he has left your company?
c) On discovery of theft of data, did your company order investigation? Do you have evidence to prove that he was custodian of the data? If he was custodian of the data, then did you obtain from him any undertaking for protecting the breach of data?
d) If the investigation has been completed then on the strength of findings why your company did not lodge FIR against this employee? Theft of employment and abandonment of employment both go together. Did you order additional enquiry for the abandonment of employment?
e) Theft is a crime even then also why you wish to take it as civil case and not criminal case?
f) Bringing injunction order from the court apart, did you send lawyer's notice to the employee's ex-employer stating not to enter into contract with him since this business contract would depend on the digital assets that are stolen from your company?
It appears that you had relied too much on this person. Data breach is more a systemic failure. Therefore, at least now you need to take precautionary measures and institute additional layers of security.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Dinesh ji,
I wanted to appreciate your post for asking very relevant and valid questions to queriest. Since I find no option to your post to appreciate, it compelled me to appreciate you in words.
Since I am compelled to write here under the circumstance stated above, I would like to say further as under:
The queriest is a new member on this forum. My intension is not to discourage him from writing. He is a Law Office in High Court - Pb. & Haryana. He will be an asset to this forum if he actively participate in the discussions. The queries up till now he raised in this forum, it seems we have no answers.
From India, Mumbai
I wanted to appreciate your post for asking very relevant and valid questions to queriest. Since I find no option to your post to appreciate, it compelled me to appreciate you in words.
Since I am compelled to write here under the circumstance stated above, I would like to say further as under:
The queriest is a new member on this forum. My intension is not to discourage him from writing. He is a Law Office in High Court - Pb. & Haryana. He will be an asset to this forum if he actively participate in the discussions. The queries up till now he raised in this forum, it seems we have no answers.
From India, Mumbai
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