We had a senior employee who sent a resignation by email during his official tour. He had the company's laptop, which he returned after one month of resignation. On checking, we found he had deleted all the important data on the laptop. Immediately afterward, he started his own business in competition with ours. He was using all the information he had on his laptop.

Please advise on what actions the company can take against this employee.

Akshay Pareek HRD

From India, Bangalore
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Dear Akshay, You have an option to take legal action against him. You need to consult your lawyer who will be more helpful in resolving this problem.

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As per the inputs provided by you, there is no clarity on the relieving part. I hope you have relieved him, cleared all his dues, and also issued the service certificate without checking the Laptop, etc., properly.

Once he started his own business, then your company officials realized and checked the data and noted.

He seems to be smart because he might have his own plans to start a similar business, and if so, he might have grabbed the data earlier itself. I don't think you can do much if you have received the company assets like Laptop, etc., issued the relieving letter, etc.

In case the company assets like Laptop, etc., are still in his possession, the no-dues certificate is not signed, final settlement is not made, relieving letter & Service certificate is not issued, then you can initiate legal action.

Considering the data you have posted, it seems that he is smart. If I am not wrong, he might have started his business under somebody's name and shows that he is an employee where you can do nothing.

However, I suggest you wait for inputs from some more seniors.

From India, Hyderabad
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I think for extracting data, the IT people may extend some help.
From India, Thane
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