Workers leave their employers for a variety of reasons, and when the time comes, they probably have some items at work that they want to take home: cubicle art, writing samples and more. HR professionals may wonder what employees are allowed to take and where employers can draw the line. Can workers take home extra Post-Its, a company-issued phone, or the work product they developed while at the company?
To avoid confusion, employers should be clear from the start. The initial new-hire packet should contain a confidentiality or nondisclosure agreement outlining what is considered the company's property and proprietary information, said Angela Reston-Nunez, an attorney with Newmeyer & Dillion in Walnut Creek, Calif. This agreement puts the employee on notice that all confidential and proprietary information is the exclusive property of the employer.
"In addition, the agreement could serve as a key piece of favorable evidence for the company if it were to find itself in litigation over the misappropriation of proprietary information," she said.
Policies should state what property must be returned upon termination, such as devices, laptops, swipe cards and any other employer property, noted Kate Gold, an attorney with Drinker Biddle & Reath in Los Angeles.
"If you think a former employee left with the company's proprietary and confidential information, you must act fast to mitigate any harm that may result," said Marian Zapata-Rossa, an attorney with Snell & Wilmer in Phoenix. "You will want to involve IT immediately to assess the extent of what is missing and preserve and suspend destruction of all evidence, including any evidence showing that the employee took the information."
Employers should also promptly consult counsel and devise a strategy for demanding that the information be returned, she added.
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