If departing employees are given severance, any mutual release terms included in the severance agreement should expressly exclude known and unknown claims by the employer pertaining to the use or disclosure of its confidential or proprietary information or trade secrets. Signed copies of confidentiality agreements should be presented to employees during exit interviews, and they should be reminded verbally of their obligations to maintain confidentiality of records, electronic files and information learned while working at the company.Įmployers should have each departing employee sign a document representing that he or she has returned all documents, computers and electronic storage devices, and that he or she has not made copies of such records. Protect Electronic Data in Exit InterviewsĪs employees depart, HR professionals should use the exit interview process as a tool to help protect intellectual property. So, where and how a company investigates suspected wrongdoing can be pivotal to subsequent legal action. Unless collected and preserved in a proper and timely manner, it can be altered, erased or rendered unrecoverable. Here are suggestions for what to include in your data theft response plan.Įlectronic evidence is akin to words written in sand near the edge of the water. HR professionals need to work with information technology and legal staff members to respond quickly and preserve critical evidence during the precious hours and days immediately following the discovery of suspected data theft. This problem is likely to grow in good times as well as bad. In the recession, many laid-off employees, who feel they have nothing to lose, walk off with data they no longer have any right to use. And yet, finding culprits is imperative, as stolen data often includes proprietary or private information or trade secrets. 24 article in The Economist.Ĭatching a thief can be difficult when stolen information is downloaded on tiny iPods or flash drives.
workers who left their employers in 2008 took some data with them, according to a Feb. Unfortunately, theft of electronic devices is becoming as common as swiping Post-it notepads.
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