My employee is been cheating with our Company by working for another firm sitting in my office as freelancer and sending all data include vendors, cost, client, etc to another firm. i want to take action against him legally how can we go about for the same.
We would also like to take action against the company where the data is passed. kindly advise
From India, Mumbai
We would also like to take action against the company where the data is passed. kindly advise
From India, Mumbai
Dear SheetalHr,
You are entitled to take action against the employee but not for the company.
So you produce a disciplinary action against the employee with the details of data theft in your company through a show cause notice or memo. then you can arrange for a legal enquiry with the employee infront of the advocate who is in any bar council. If the data theft is proved against the employee you can just issue a termination letter after that enquiry. THIS IS A TOP MOST PUNISHMENT TO AN EMPLOYEE FROM THE LEGAL SIDE. Terminating an employee Without conducting legal enquiry is not legal.
SO
i) Produce show cause notice
ii) Legal enquiry
iii) If proved against employee then TERMINATE
iv) Settlement of all statutory benefits to the employee.
v) Create a system to prohibit this activity in future.
Thanks and Regards
Prakash.HR
From India, Kolkata
19You are entitled to take action against the employee but not for the company.
So you produce a disciplinary action against the employee with the details of data theft in your company through a show cause notice or memo. then you can arrange for a legal enquiry with the employee infront of the advocate who is in any bar council. If the data theft is proved against the employee you can just issue a termination letter after that enquiry. THIS IS A TOP MOST PUNISHMENT TO AN EMPLOYEE FROM THE LEGAL SIDE. Terminating an employee Without conducting legal enquiry is not legal.
SO
i) Produce show cause notice
ii) Legal enquiry
iii) If proved against employee then TERMINATE
iv) Settlement of all statutory benefits to the employee.
v) Create a system to prohibit this activity in future.
Thanks and Regards
Prakash.HR
From India, Kolkata
SheetalHR,
The above all activities are entitled only if you have a standing order in your company with it's clear description of misbehavior and it's legal action against the employee.
And you should mention the standing order number about the data theft in the MEMO.
Thanks & Regards
Prakash.HR
From India, Kolkata
The above all activities are entitled only if you have a standing order in your company with it's clear description of misbehavior and it's legal action against the employee.
And you should mention the standing order number about the data theft in the MEMO.
Thanks & Regards
Prakash.HR
From India, Kolkata
Dear Sheetal,
Do you have any Non-Disclosure Agreement in your firm ? What are the current guidelines on the access to the information and thereby sharing them ?
For you to file a case against him, you may first need to check the current practices .
Please consult your corporate lawyer before you collect any proof and file any case.
If your firm didn't have firm guidelines, a knee-jerk reaction can prove to be costly.
Looking forward to hear from you !
From India, Mumbai
Do you have any Non-Disclosure Agreement in your firm ? What are the current guidelines on the access to the information and thereby sharing them ?
For you to file a case against him, you may first need to check the current practices .
Please consult your corporate lawyer before you collect any proof and file any case.
If your firm didn't have firm guidelines, a knee-jerk reaction can prove to be costly.
Looking forward to hear from you !
From India, Mumbai
Hi Sheetal,
The procedure and actions suggested by Mr Prakash above are really appreciated but before going further, I believe you must answer the following questions to community
a) How do you know that the employee is under duel employment and about such act?
b) Did you get the information about him / his duel employment by any of your employees or anything that you have noticed which make you felt like he supplying your company data to another companies.
c) Are you holding a senior/authorised position in your department which helps you to take direct actions?
d) What actions you have taken so far?
e) Have you shared the same with any of your seniors or anyone in your team?
The aforesaid questions are really important and need to answer, so that, there would have no place for misleading information/communication and you can get the appropriate solutions/suggestion which will also help others.
And hope the relevant terms and conditions you have included in the appointment letters to prevent or fight with this kind of problem like NDA (asked by Ms (Cite Contribution))
And if you are confident about his act, I’m hoping that you have perfect material that can prove the same, you can take action against the employee, and otherwise you need to do your homework before going further because it is really important for issuing even a notice to employees in this regard.
To collect proof against him, need to perform:
- need to share the same with his direct reportee/Boss/TL/Supervisor and IT Head immediately
- take help of IT department to know his all computerized activities.
- can take help of his coworkers secretly (and CCTV CAM if you have the installation in your office premises).
- You can also control his official work and timing by help of his Senior/Boss/TL/Supervisor.
- PC/Laptop allotted to the employee can also be accessed by IT people to know about data transmission, and reauthorization for personal email and use of other websites.
Subsequently, if you found good and relevant information/poof against him, he can be terminated immediately by referring the breach of T&Cs of employment and need to file an FIR against the same employee for the act, and set an example for other employees too
From India, Gurgaon
The procedure and actions suggested by Mr Prakash above are really appreciated but before going further, I believe you must answer the following questions to community
a) How do you know that the employee is under duel employment and about such act?
b) Did you get the information about him / his duel employment by any of your employees or anything that you have noticed which make you felt like he supplying your company data to another companies.
c) Are you holding a senior/authorised position in your department which helps you to take direct actions?
d) What actions you have taken so far?
e) Have you shared the same with any of your seniors or anyone in your team?
The aforesaid questions are really important and need to answer, so that, there would have no place for misleading information/communication and you can get the appropriate solutions/suggestion which will also help others.
And hope the relevant terms and conditions you have included in the appointment letters to prevent or fight with this kind of problem like NDA (asked by Ms (Cite Contribution))
And if you are confident about his act, I’m hoping that you have perfect material that can prove the same, you can take action against the employee, and otherwise you need to do your homework before going further because it is really important for issuing even a notice to employees in this regard.
To collect proof against him, need to perform:
- need to share the same with his direct reportee/Boss/TL/Supervisor and IT Head immediately
- take help of IT department to know his all computerized activities.
- can take help of his coworkers secretly (and CCTV CAM if you have the installation in your office premises).
- You can also control his official work and timing by help of his Senior/Boss/TL/Supervisor.
- PC/Laptop allotted to the employee can also be accessed by IT people to know about data transmission, and reauthorization for personal email and use of other websites.
Subsequently, if you found good and relevant information/poof against him, he can be terminated immediately by referring the breach of T&Cs of employment and need to file an FIR against the same employee for the act, and set an example for other employees too
From India, Gurgaon
Dear All,
In this case,first it is necessary to gather evidence and have witness. If the Enquiry if challenged by the Delinquent Employee in the Court and you are not ready with Sufficient Evidence & Witness the case devision can be in favour of the employee.
Also after issue of Show Cause Notice, you need to give sufficient time for him to reply and then issue a Charge sheet mentioning the Allegations on the employees.
You need to appoint a qualified and experienced Enquiry Officer. If the Enquiry Officer is not experienced again the Enquiry will be a mess. So please take care of this.
Also if the charges are proved you can forfiet terminal benefits like Gratuity payable to him on termination if he has completed 5 years of service under Section 4 (6) of the Gratuity Act.
Pls contact if you need any guidance on the matter.
Regards,
Sumeet
From India, Mumbai
In this case,first it is necessary to gather evidence and have witness. If the Enquiry if challenged by the Delinquent Employee in the Court and you are not ready with Sufficient Evidence & Witness the case devision can be in favour of the employee.
Also after issue of Show Cause Notice, you need to give sufficient time for him to reply and then issue a Charge sheet mentioning the Allegations on the employees.
You need to appoint a qualified and experienced Enquiry Officer. If the Enquiry Officer is not experienced again the Enquiry will be a mess. So please take care of this.
Also if the charges are proved you can forfiet terminal benefits like Gratuity payable to him on termination if he has completed 5 years of service under Section 4 (6) of the Gratuity Act.
Pls contact if you need any guidance on the matter.
Regards,
Sumeet
From India, Mumbai
Dear Sheetal,
Theft or sharing company information to the rivals, and being on the rolls of a company and working for the other one are relevant and established acts of mis-conduct punishable by the current employer. This may also entail the charge of loss of confidence.
The relevant issue is for you to establish:
1. The employee has been working for another company without the permission/authorisation from your company, this will establish the charge of double employment.
2. The employee has been passing on all data include vendors, cost, client, etc to another firm, this will establish other two charges.
After working out meticuously as above please issue a Show cause notice, thereafter the charge sheet and hold an enquiry through a competent Enquiry Officer, allowing the said employee to put forth his side of the story/evidence of rebuttal and take action accordingly.
If above charges are established the charge of loss of confidence is enough to waive off the condition of Enquiry but still I suggest it on safe side.
S.K.Johri
From India, Delhi
Theft or sharing company information to the rivals, and being on the rolls of a company and working for the other one are relevant and established acts of mis-conduct punishable by the current employer. This may also entail the charge of loss of confidence.
The relevant issue is for you to establish:
1. The employee has been working for another company without the permission/authorisation from your company, this will establish the charge of double employment.
2. The employee has been passing on all data include vendors, cost, client, etc to another firm, this will establish other two charges.
After working out meticuously as above please issue a Show cause notice, thereafter the charge sheet and hold an enquiry through a competent Enquiry Officer, allowing the said employee to put forth his side of the story/evidence of rebuttal and take action accordingly.
If above charges are established the charge of loss of confidence is enough to waive off the condition of Enquiry but still I suggest it on safe side.
S.K.Johri
From India, Delhi
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