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I was going through the threads in this forum post and noticed that the HR varies in their point of view on something that is clearly mentioned in the company's policy. Termination after a one-on-one is the only remedy, and it should be set as an example for all others who work in the company. Additionally, it should be communicated to all companies that there is a poaching or non-poaching agreement in place, so that other companies can also save their valuable time in hiring and managing data.
From India, Lucknow
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Hi AtoZ,

This is a serious issue and a decision that needs to be taken as early as possible to terminate the concerned employee. Moreover, please refer to your appointment letter to take corrective action. Please check the confidentiality agreement signed by the concerned employee.

Thangavel
Sr. Executive - HR
99943 43043

From India, Coimbatore
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Hi,

Please check whether you have a Non-Compete or Non-Disclosure Agreement included in the appointment order. If not, first get it signed by all employees. Based on that, you can take action, including addressing any breaches of organization security or IT policy by specific employees.

I recommend withholding all benefits from the person under inquiry until the investigation is complete. Do not provide any exit documents during this period. Document the incident thoroughly and gather proper evidence before taking any further steps.

Regards,
Vijay

From India, Coimbatore
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If anyone is found violating the company norms, especially those related to company privacy and security policies, they should be subject to legal actions. In addition to terminating such an employee, strict actions are recommended to be taken, considering the severity and impact of those violations.
From India, Pune
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Hi Sangeeta,

You would probably be interested in drawing some inferences from this incident which may at times lead to policy changes. Therefore, the following course of action is recommended:

(a) Order an inquiry to establish the following:
(i) Motive behind the theft.
(ii) Recruitment process.
(iii) Circumstances under which the theft has taken place.
(iv) Intrusion method used by the employee.

The team leader should not be the inquiry officer.

Fire the employee upon completion of the above.

Take corrective measures to prevent such activity.

Publish the action taken report on all forums.

Seek advice from higher management for reporting to the police.

Take care,
Tunar

From India, Ahmadabad
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Dear Sangeeta,

As per the terms and conditions of the appointment letter, if there is any probation period for him, if yes, then you can take action on him, and he will be terminated from the service. In this case, you can terminate him. My suggestion is to give him one chance or a final warning.

Regards, Mohsin Md


From India, Hyderabad
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Has he been caught red-handed, or is it simply a suspicion? If caught red-handed or if he has confessed during the initial inquiry by the management, then please ask him to write his confessional statement, apology, and then a resignation letter. If the management wants to proceed further, they can have a case recorded at the local police station under section 381 IPC, i.e., theft by a servant. However, to avoid labor disputes in the future, it is best to ask him to submit his resignation on personal grounds in full and final settlement.

Adil
Kolkata

From India, Calcutta
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Dear Riya,

First and foremost, change the password of the project.

Second, keep the employee under suspension pending inquiry and ensure that he does not have access to any of the data, computers, or other software of the company.

Issue strict instructions to others against interacting with him until the inquiry is over.

Ensure that he does not tamper with the proofs/evidence essential for the inquiry.

Initiate the inquiry and ensure that the principles of natural justice are upheld by giving him ample opportunity.

Based on the inquiry findings, you/disciplinary authority should take the decision to terminate his service.

While terminating him, ensure that he will be blacklisted by any future employer he approaches.

Goodbye,
Premson

From India, Mangaluru
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