Employee Leaving? Are You Sure Your Data Isn't Going With Him?

You are familiar with the scenario: one of your employees leaves to go work for a competitor, but before he goes, he copies confidential information for use at his new job. While the scenario may not have changed much, the means of obtaining the information has.

The days of photocopying documents and sneaking out the door with hard copies are long gone. Most information is now available electronically, and large amounts of data can be copied efficiently and discreetly via computer. The good news is that in many instances, accessing information electronically leaves a distinct trail for a former employer to follow. The bad news, though, is that if the proper steps are not taken, this trail can quickly be lost.

In fact, in many cases, simply doing nothing can result in valuable information being lost forever. There are a number of pitfalls to avoid when building a case against a former employee who you believe has taken your confidential information.

To begin with, there are some inadvertent pitfalls to avoid. The root of the problem is that most HR and IT personnel, while good at what they do, are not trained in computer forensics and the steps necessary to build a case through computer evidence. Oftentimes, building a case against a former employee rests on proving that he or she copied or deleted certain confidential company information. An overzealous company representative trying to find evidence of misconduct can actually do more harm than good, including inadvertently altering the evidence.

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Source: law.com
By: Carl J. Rychcik