Employee illegally downloaded files

To compile its figures, ScanSafe says it now processes data across more than countries for millions of employees, giving it the industry's most significant insight into the latest trends in web traffic and malware. Over the years, he said, consumers have taken a carefree approach to illegally downloading music, not expecting to be held accountable for their actions. High-speed internet connections have enabled even faster illegal downloads and, alarmingly, more and more people are choosing to do so in the workplace.

According to Parker, often an employer will be held legally responsible for any wrongful acts committed by an employee "in the course of their employment". This phrase, he explained, is very widely constructed — "an act may be considered" in the course of employment even if it is expressly prohibited by the employer. A large majority of free illegal downloading websites are often riddled with malware.

The Company should review the information that was taken and determine whether the information was already publically available or whether it contains Company confidential or trade secret information.

Additionally, the Company should determine whether multiple copies of the stolen documents exist and whether they have been designated or labeled as confidential or trade secret.

If so, hopefully those prior violations are documented. If other employees transferred documents to the employee, an investigation of their activities will be necessary. Additionally, depending upon the nature of the information taken by the employee s and any contractual obligations implicated, the Company may have an obligation to report a data breach, particularly if the employee has shared the purloined data with unauthorized third parties.

The Company should contact the employee and conduct an immediate in-person interview. During the interview, the employee should be confronted regarding the data transfers.

The Company should determine whether there is an innocent explanation for the activity, as well as staying mindful of and adhering to its own whistleblower protection policies. The Company should probe the extent of the personal transfers, transfers from others, and whether the employee has disclosed the documents to third parties. It is important that the Company obtain the return of the data, particularly if the information is confidential or trade secret, so that the Company can attempt to preserve its confidential nature.

The Company should have written documentation clearly demonstrating the reason for such discipline was for violation s of particular policies or agreements, not in retaliation for any purported whistleblowing.

Depending upon the gravity of the situation, the Company may also want to consider approaching law enforcement to consider pressing charges against the employee. For instance, in the SOX whistleblower case Vannoy v. Celanese Corp. Similarly in, Quinlan v.