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Q. Employee fled with valuable information

Q.Employee fled with valuable information
I am an entrepreneur and one of my senior employees suddenly shot an email of resignation and stopped coming without any notice. He possesses valuable and confidential information of the company. We are not understanding his motive. He is not responding to emails or phone calls. What is the way to tackle this situation?

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 month ago

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A. ) Dear Sir,
You may lodge a complaint with Cyber Police and get issue a Legal Notice and also give paper publications.

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Shah Rukh Ahmad

Experience: 2 Year(s)

Responded 1 month ago

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A. ) At the time of his appointment if a Non-Disclosure Agreement was executed with him or in his employment contract any clause with regard to confidentiality of information was included, then you accordingly send a Legal Notice to him asking him to desist from sharing any information with a third party and claim damages for breach of the same. Also whether any clause with regard to Notice period to be served by the employee was included or not. If there is a clause with regard to serving a stipulated Notice period or of paying salary in lieu of the Notice period, then you may also ask for compensation for that amount. If a Non-Compete Agreement was also executed then the same can also be used to stop the employee from joining a competitive workplace. After sending a Legal Notice you may then proceed to file a case for breach of contract based on the above grounds and claim damages. Alternatively you may also file an application for an injuction to stop the employee from disclosing the information and if there is also a Non-Compete agreement/clause in the Employment Contract, then from joining a similar competitive entity.

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SUBRATHA RAY

Experience: 4 Year(s)

Responded 1 month ago

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A. ) While recruiting a employee every company follows the procedure following up with the agreement or the contract as well as the terms and conditions signed by both the parties.
You have to send a legal notice for breach of contract under section 74 of Indian Contract Act, 1872. You can claim compensation for such damages and you can get relief by the civil laws on the basis of the contract agreement.
Lodge a complaint to the concerned jurisdiction of the office location for taking away or stealing your valuable goods and shall be prosecuted under Indian Penal Code 1860 Section 378,379.

If there is any data loss or theft of the data from the company data base or the company then it's a cyber crime and you can get relief by lodging a complaint in the cyber crime department too. He shall be prosecuted under IT ACT 2000 section 43, 65, 66,70,72.

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Prodyut Banerjee

Experience: 11 Year(s)

Responded 1 month ago

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A. ) Immediately lodge a general diary with the concerned police station. Then file a case under section 156(3) of the code of criminal procedure. Simultaneously you may initiate other legal actions. Consultant a Corporate Lawyer.

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 1 month ago

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A. ) I hope that you had an employment agreement executed by that employee. If yes then you can take action under the civil laws and enforce those contractual terms and ask for compensation for breaching the terms and conditions.
If he has taken away any valuables or proprietary stuff then you can lodge Police complaint too.

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