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Exiting Staff

Whether moving to a competitor, facing dismissal under a cloud of sexual misconduct, bullying or attempting to set up in competition, the temptation to grab key files or data when leaving a business or intentionally destroy data can be too great for some individuals. Only If matters escalate post employment or when contracts and clients start to leave do businesses truly understand the impact that a rogue agent in their business can have.

For those businesses that live and die by their Intellectual Property, understanding what data has been stolen via an exiting rogue employee can provision great leverage to hold an individual accountable for data theft or bolster a contractual restraint of trade.

In many cases where workplace sexual harassment or bullying has been an issue, and the staff member of concern leaves, either internal due process or matters externally may escalate. It's at these stages that relevant communication and digital evidence are critical to a full and effective investigation being completed.

Our labs work closely with Management, HR and IT departments to quickly preserve and interrogate hardware from employees as they leave a business. Analysis of the below typical areas of a system give great clarity regarding the level of impact that might be looming.



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What has happened to you?

Setting Up In Competition: The restraint of trade in an employment contract has been ignored and a prior employee now seeks to take you on commercially. In many cases we find serious levels of data theft in the months leading up to the employee leaving so they can fast track the establishment of services from their future (or present) company.

Sexual Misconduct: An employee is leaving under suspicion of sexual harassment or has been terminated for same. As and where communications may reside on company issued devices such as laptops and phones, this should definitely be preserved and parsed as evidence should the matter escalate.

Leaving to work for the Competition: Exiting employees who are known to be moving to a competing business or who are suspected of this may be either syphoning critical company data to hardware or private cloud storage in the latter term of their employment. Ensuring these records are preserved to enact trading injunctions or begin litigating is critical.

Key Staff Are Exiting the Business: In many cases, key employees such as C Suite or Sales staff hold vast amounts of critical company data on their hardware and cloud accounts. For many businesses Datalab interacts with, we develop policies alongside the employer to preserve and hold in cold store that employees data from all sources. This is a both a preventative and preservative measure in that the prior knowledge of the preservation works to deter intentional data theft and the process dually ensures should it be later discovered the ex employee was acting in a nefarious manner, their data can be called upon for interrogation.

CALL US on 0800 328 2522 to set up a case discussion where will build an understanding of
the case, hardware, platforms and required evidence. From this discussion we will send a
detailed statement of work including terms and Legal Aid detail if needed.

“Fast professional friendly service. We required recovery of a failed system drive for some critical equipment that went down at ~2pm on the Friday, and we were back up and running at ~12pm on the Saturday.”

Martin Blanchard —

Some of our clients

Barfoot and Thompson
Fonterra
Resene
Emirates Team NZ
Vero
NZ Police
Xero

Auckland

Level 1, 399 Khyber Pass Rd, Newmarket, Auckland 1023

Wellington

Level 15, 171 Featherston St, CBD, Wellington, 6011

Christchurch

Ground Level, 6 Hazeldean Rd, Addington, Christchurch, 8024