Taking Legal Action Against an Employee: Essential Information for Company Owners
Emirates: Is it possible to sue an employee for disclosing business secrets? Detailed legal procedures outlined.
Stuck in a bind with a troublesome employee? Here's some advice on what you can do if an employee discloses confidential company information and uses their personal laptop to do so.
When Tricky Employees Get Caught
Suppose you have caught a worker divulging information about your company's accounts, price offers, or any other sensitive data to competing companies. If their personal laptop, which they own, is involved, you have several options for handling the matter.
Nailing the Right Legal Strategy
- Compile Evidence: Gather as much documentation as possible to showcase the breach, including dates, times, and copies of the disclosed information. Ask your attorney to help ensure your compliance with local regulations.
- Internal Investigation: Carry out an in-house probe if your company policy allows it, but make sure it aligns with UAE labor laws and respects the employee's rights.
- Regulatory Reporting: Depending on the nature of the information, you may be required to notify relevant UAE authorities like the UAE Cybercrime Law enforcement or the UAE Data Protection Office.
- Lawsuit Filing: For employment-related issues, file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE). If the disclosure involves unauthorized access, data breach, or confidential information leaks, you can file criminal and civil complaints against the employee.
What About That Personal Laptop?
- Not Yours, Not Yours to Keep: The laptop is the employee's property, so it's not legally yours to keep. You can, however, submit it to the prosecution if it's still with your company.
- Evidence Collection: If the laptop might contain crucial evidence, you can ask the employee voluntarily to turn it over, or take it with a court order and forensic examination. Proper documentation of the chain of custody is vital to preserve its admissibility.
A Guide to Appropriate Steps
- Voluntary Surrender: Kindly request that the employee willingly provides the laptop for investigation.
- Court Order: If they decline, apply for a court order to seize the device.
- Forensic Analysis: Once in possession, do not alter the laptop. Find a certified forensic expert to analyze it and extract evidence.
- Return Policy: After the investigation, return the laptop to the employee unless the court orders otherwise.
The Bottom Line: Seek Professional Guidance
Always consult a legal professional to ensure compliance with UAE law and to protect both your rights and the integrity of evidence.
When dealing with an employee leaking financial or business-related information to competing companies, it's essential to gather evidence, such as copies of the disclosed information, dates, and times, and seek legal advice to ensure UAE regulations are followed. In the case of an employee's personal laptop being involved, it's not legally yours to keep, but you can submit it to the prosecution if needed, and collect evidence by asking the employee voluntarily or with a court order and forensic examination. Always consult a legal professional to maintain compliance with UAE law and protect both your rights and the integrity of evidence, especially when it comes to technology and its use in business.
