Community › Forums › Legal Advice India › Data deleted by employee
- This topic has 55 replies, 42 voices, and was last updated 1 year, 2 months ago by
Ridhifalcon780.
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RRapidvimal3829
PARTICIPANT
April 19, 2025 at 8:39 amOne of my friend deleted data after resigning from an organisation
Company had lodged a FIR against friend and asked to report to police station
What can be done by him to save himself he did it wrong but what should be next steps to save his career and not getting locked up. -
EExpertraju3879
PARTICIPANT
April 19, 2025 at 8:47 amNAL.In case of a crisis of this kind,
– Lay low, deactivate all social media (if not delete it).
– Hire a good lawyer to try and reduce the severity of consequences, because there are surely going to be quite a handful of those.Rest everything depends on the severity of damages caused to the company. If it was something business critical, he might be looking to pay heavy damages.
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RRapidvimal3829
OP
April 19, 2025 at 8:51 amFrom where we can hire a lawyer?? Like can career be saved and can we get the releieving letter ?
This FIR can destroy career? Can this FIR be deleted ??-
SSuperstar8277
PARTICIPANT
April 19, 2025 at 8:55 amEntirely depends on what they deleted and how hard the company wants to pursue the matter.Many organisations have means to reconstitute deleted data but those backups aren’t always real-time. If the was something business critical the friend is very likely fucked.
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VVasantowl403
PARTICIPANT
April 19, 2025 at 9:00 amYes Fir will destroy his career.Have seen a case like this.
Company will file a case under corporate espionage which will show up in all the future background verification.
He won’t get a job for a considerable amount of time.Imagine yourself as the hiring manager of a reputed organization.
You selected someone for a new role but the background verification report highlights that he sabotaged his previous employer and has a case going in the court.
Would you onboard the person ?
Ask the company to settle out of court and ask them if they can take back the FIR.
Also if there is no proof he did it ask him to disagree to all the accusations.But if the company can prove it , suggest your friend to negotiate.
And tell him that in real world actions have consequences unless you are born to rich and powerful parents.
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AAlphakritika6663
PARTICIPANT
April 20, 2025 at 4:20 amTell your friend to fall on his four beg for forgiveness. If he brings lawyer i would not have backed out. Ask lawyer to come like his uncle and try to settle.
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PProkaur2115
PARTICIPANT
April 19, 2025 at 9:00 amWhat max you can do is delete your personal data from the employer laptop and maybe your saved codes and all but not from the cloud server or anything which is business critical
First thing you need to understand if you’re fired or leave by your choice the code you developed or anything you’ve done over the period of time you’re paid for those services or you’re compensated for that it’s not your property.If your friend has done something that will impact business user or any way hamper their work then your friend is in deep trouble also when they’ll share any releaving letter they will mention it there about termination of employment and why it happened also in any background check if they have filed an FIR that’ll be visible and any future employer will ask about it for sure and future employer if reachout to the HR they’ll straight away told them about what your friend did.
It’s better to apologise and if it’s on cloud I am very much sure that can be retrieved very easily , that’s my way of thinking I am not sure what others think but take suggestions and do the right thing -
AAlphabro1965
PARTICIPANT
April 19, 2025 at 9:11 amThe best option is to try to settle with the company. Whether they will agree depends on many factors, including:Nature of data deleted
Damage to the company
Relationship with managers and nature of departure
Who the employer is – if it is a big MNC or large Indian company, they most probably won’t show any flexibility -
IIndiannarayana2669
PARTICIPANT
April 19, 2025 at 10:56 amKeep denying until and unless company has proof that he did it, hire a lawyer to get out of this mess. Come up with good excuses to get away with it -
PParishark763
PARTICIPANT
April 19, 2025 at 11:53 amGet better friends to start with.
Ask the douchebag to get a good lawyer.-
MMitalitiger266
PARTICIPANT
April 19, 2025 at 2:01 pmOP did it himself I guess.
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PPropanther6083
PARTICIPANT
April 19, 2025 at 12:06 pmI don’t get where people get the confidence to pull shit like this with no political/monetary backing! If i delete data ik i have money to never want a job ever.-
IIndianeagle4456
PARTICIPANT
April 19, 2025 at 1:11 pmLol if any employee of mine pulls off shit like this i’d go to war with him to make sure that he suffers as much as possible, there’s zero chance i’d settle it with him out of courtPeople like this should be made into an example
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SSilentrajnish997
PARTICIPANT
April 19, 2025 at 2:11 pmWhat happened to your offsite backup strategy ?
Heck I have a backup strategy for my home NAS.
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QQuickfalcon4139
PARTICIPANT
April 19, 2025 at 12:18 pmNAL but so stupid of the company to not have a means to protect / retrieve data.-
MMeganitin1228
PARTICIPANT
April 19, 2025 at 12:52 pmYou might be surprised how many IT systems don’t have proper backup systems in place. Sometimes even deleting a single row of data would require an entire database to be restored from the backup potentially wiping out other delta data that hasn’t been backed up yet. -
RRajivtiger585
PARTICIPANT
April 19, 2025 at 12:53 pmI’m sure the company has retrieved the data from a backup. They’re using this to teach your friend a lesson and they should-
QQuickfalcon4139
PARTICIPANT
April 19, 2025 at 2:08 pmI don’t think so.If they have a backup, the data is safe, they didn’t lose it. So what is the purpose of legal action if there is no damage?
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SSwiftwolf6373
PARTICIPANT
April 19, 2025 at 2:24 pmThere was damage except they recovered it. If u beat up someone and they heal back to normal after a few days, does that mean that person cannot take legal action as there’s no “damage”?-
QQuickfalcon4139
PARTICIPANT
April 19, 2025 at 2:27 pmFair point.-
RRidhifalcon780
PARTICIPANT
April 19, 2025 at 4:30 pmAre kuch bhi mat bol, IT security laws are very strict and they make you sign load shit of documents. Even if you do slight changes without permission your in big trouble
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RRidhifalcon780
PARTICIPANT
April 19, 2025 at 4:29 pmWtf you saying? Have you ever worked in IT, data is always backed up, but deleting data causes lot other issues like system going down for hours or days and that’s definately business loss. If you think you will delete data and nothing gonna happen then your idiot. -
WWisehawk7332
PARTICIPANT
April 19, 2025 at 5:59 pmDoesn’t work that way. If you burn down someones house, the fact that it can be rebuilt doesn’t make the arson any less of a crime. Even if you compensate, it will remain a crime.Similarly, deleting the files is an act of sabotage and the company being able to retrieve the data doesn’t make it less of a crime.
The purpose of legal action is to punish the culprit and set them as an example to deter others from trying the same.
In this case, this person can kiss his career good bye. Somebody got caught doing something similar at my previous company and his career ended after that. He was never able to get another white collar job.
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AAlphakritika6663
PARTICIPANT
April 20, 2025 at 4:01 amTime wasted on recovery is loss of business hours. aka money -
DDesieagle7008
PARTICIPANT
April 20, 2025 at 4:01 amIf you get punched in the face and the bruise healed, should the person be let off free because there’s no damages?The work involved in restoring the data and the delays in operations while waiting for the work and the various problems and inconveniences experienced during and after that are all forms of damages.
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AAlokpanda566
PARTICIPANT
April 20, 2025 at 5:04 amWell recovery can be costly.
My company didn’t have snowflake backup & they had to pay 25k$ to retrieve data just because the board deck data had many missing points
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PProsarat7440
PARTICIPANT
April 19, 2025 at 12:20 pmso this company had enough bandwidth and perseverance to go to police but not enough to have backups?Your friend is a dick and hopefully it teaches him a lesson.
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PPrimeswati1093
PARTICIPANT
April 23, 2025 at 7:37 amThey would have backup but will complain anyway. This is to set precedent and warn other employees.
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SSurajowl792
PARTICIPANT
April 19, 2025 at 12:41 pmI would unfriend such people.Why would someone be so vindictive? What did he really achieve by deleting office data? Every office has several backups and imagecopy of important data.
Indians are anyway known globally for lack of ethics, your friend proved that even further.
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MMeganitin1228
PARTICIPANT
April 19, 2025 at 12:56 pmI have been in IT for more than 15 years and have never come across such a person – that deleted data intentionally. So please stop stereotyping.-
SSurajowl792
PARTICIPANT
April 19, 2025 at 5:02 pmAre you a fast reader or a bad reader? Becauase the OP did not mention “accidentally” deleted the data.-
MMeganitin1228
PARTICIPANT
April 19, 2025 at 5:53 pmI guess you read bad, I mentioned that I haven’t come across anyone that deleted intentionally. It means, that people delete by accident.-
SSurajowl792
PARTICIPANT
April 20, 2025 at 6:27 amI believe your comprehension skills have become rusty. The OP mentioned his friend deleted company data. He did not mention if it was accidental, but, if it were, he would have definitely mentioned that the act was accidental and not intentional. People do not leave out the most important detail.-
RRapidsomesh7084
PARTICIPANT
April 20, 2025 at 3:00 pmHe mentioned that his friend deleted the data after resigning, which clearly indicates that it was done on purpose unless you have reading comprehension of 10 yo.
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RRajivtiger585
PARTICIPANT
April 19, 2025 at 12:52 pmYour friend doesn’t have any leeway here except going back to the company and asking for forgiveness. Corporate espionage is a criminal offense and he will likely fail all his future background checks. His only option is to work in a company which is family run / startup where they don’t have funds to do proper background checks.Honestly, I don’t know if this was a mistake or a deliberate juvenile attempt at getting back at the company. If latter, you should dump your friend as he seems to be petty and fickle minded. No manager in their right mind would hire someone like that
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CCalmakhil7043
PARTICIPANT
April 19, 2025 at 12:52 pmMy 2 cents, make better friends!Delete the data, is it a child’s play going on !
He deserves jail and fine for his deeds, I don’t support it !
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FFiercealok3524
PARTICIPANT
April 19, 2025 at 2:08 pmUnless of course he is the friend.
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CCalmshivam9794
PARTICIPANT
April 19, 2025 at 1:06 pmOk they need to prove intent … which is very difficult… wats stopping him from saying it was a mistake… unless tht idiot did not brag about it police will not take action… but he is an AH TBH-
IIndianhawk6598
PARTICIPANT
April 19, 2025 at 3:39 pmData deletion happens lot more and it’s mostly by mistake. Unless he was stupid enough to run delete command on multiple tables which got logged and prove intent.
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RRapidwolf6431
PARTICIPANT
April 19, 2025 at 1:22 pmWhere is your friend located.
The idea is to get a good lawyer and ascertain under what all provisions has he been booked. It is also important to ascertain if moving an application seeking anticipatory bail is a good idea or not. -
PParagking331
PARTICIPANT
April 19, 2025 at 1:28 pm1. Your “friend” is doomed if your “friends” org has the audit logs which prove he did it.2. Your “friends” company should suffer all of this mess if they’ve given RWS access on production data with no backups.
Ik someone who was in cisco who did this in US. Hes in jail now, FBI got involved in his case, he got a 2 year prison sentence, 1 year under surveillance after that. https://threatpost.com/cisco-employee-convicted-deleting-webex-accounts/162246/
Fortunately your “friend” is in India so may be it’ll take a few years before he actually gets jailed, but it’s inevitable.
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RRidhifalcon780
PARTICIPANT
April 19, 2025 at 4:32 pmJail or no jail that’s long story but friend has finished his corporate career. There’s no way he even getting some call centre job now. -
QQuickhero7759
PARTICIPANT
April 20, 2025 at 8:20 amWow I went through the link and did some digging. That dude is still in USA, having his own startup now
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CCalmsmriti9199
PARTICIPANT
April 19, 2025 at 1:35 pmThis is the reason companies log employees out before termination -
EExpertking2460
PARTICIPANT
April 19, 2025 at 2:29 pmIf the company has given access to multiple employees then it will be difficult for them to prove that your friend did anything.If they have the means to prove they did it, then company can file an fir under BNS 324 which has max punishment upto 5 years plus they can try to recover damages and legal fees etc.
In any case, they will not be clearing your friend’s background checks for future jobs very easily.
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AAlphakritika6663
PARTICIPANT
April 20, 2025 at 4:21 amEvery action by everyone is logged in company systems.
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NNiravmaster142
PARTICIPANT
April 19, 2025 at 3:48 pm“Asking for a friend” eh? -
RRidhifalcon780
PARTICIPANT
April 19, 2025 at 4:27 pmFirst thing first, Start avoiding your friend. Stop contacting him -
FFiercehawk3418
PARTICIPANT
April 19, 2025 at 5:29 pmGet new friends, his career is over. -
SSwiftking6319
PARTICIPANT
April 19, 2025 at 8:50 pmfuck around and find out. -
AAlphakritika6663
PARTICIPANT
April 20, 2025 at 4:00 amFAFO. Tell him Learn to beg like his life depends on it. He deserves it. -
UUrbanshashank2362
PARTICIPANT
April 20, 2025 at 4:13 amLawyer up, If it’s a big organisation then his career might get bashed up and based on what court decides, the punishment.Also just curious, what is the level of exp. he had…!!??
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SSwiftwolf5826
PARTICIPANT
April 20, 2025 at 6:48 amHe fucked around and found out. Get a very expensive lawyer and say good bye to mental peace for a few years. -
SSimranguru453
PARTICIPANT
April 20, 2025 at 10:23 amFlea from country. -
SSubhashshark164
PARTICIPANT
April 20, 2025 at 6:27 pmSuch a dumb company is better shut down anyway. -
NNeelowl410
PARTICIPANT
April 24, 2025 at 9:10 amHaving working in IT orgs, I can say that what your friend did is something very stupid. All company/work data belongs to the organization, they have ownership and copyright over it. All software code is written and saved on company hardware or infrastructure. Destroying any such data without permission is legally punishable.As others have said, chances are the data was backed up and probable restored by now. But that is immaterial as the company can legally go after your friend for data crimes he has committed. And why should any company not get angry at this potential loss or destruction of their IP.
Best chances is to approach the company and ask for forgiveness and pay a fine/compensation to withdraw the FIR. Once it gets into FIR and court stage, your friend would never get a job again in IT (he would fail any background check and no other IT firm would want to hire someone who has destroyed company data.) nor would be able to get a Passport (or even a Visa, incase he somehow manages to get a Passport, as countries always ask if any criminal cases are filed, in their visa applications.)
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