Business espionage often begins closer to home than you think.
Over three decades, I have heard this too many times... "I think my employee is stealing business and is planning on competing with me. What should I do?"
This is pretty much a textbook case...
• Employee starts a side business using the employer’s resources, methods, client lists, and often client products.
• Employee plans to leave when business is self-sustaining.
• Employee quietly recruits other employees.
• Employee leaves, or is discovered and is fired.
• Over time, other employees desert to go work for the ringleader, taking even more intellectual property.
• Covert lines of communications remain open between the two businesses: employee chit-chat, room bugs, telephone wiretaps, computer spyware, unauthorized access to email/voicemail, etc.
• The employer takes appropriate investigative/legal steps... or slowly bleeds to death.
Recommendations:
• Act quickly and firmly.
• Secure personnel records and back them up off-site. Especially important: Non-compete agreements, termination agreements, signed copies of company rules, etc.)
• Take any collected evidence to an outside attorney to determine a course of action for investigation, employee termination and possible prosecution.• Document evidence of business diversion. (Talk to customers openly, or indirectly. Consider setting up a sting.)
• Monitor and back-up their business e-mails, if legal in your state.
• Conduct a survey for electronic surveillance devices and other counterespionage vulnerabilities. (Hire the best specialist you can find. You may only get once chance to do this part correctly.)
• As soon as possible, conduct a forensic examination all their company-owned computer devices. (Computers, PDAs, Cell phones, etc..) Hire the best specialist you can find. You may only get once chance to do this part correctly.
• Employee starts a side business using the employer’s resources, methods, client lists, and often client products.
• Employee plans to leave when business is self-sustaining.
• Employee quietly recruits other employees.
• Employee leaves, or is discovered and is fired.
• Over time, other employees desert to go work for the ringleader, taking even more intellectual property.
• Covert lines of communications remain open between the two businesses: employee chit-chat, room bugs, telephone wiretaps, computer spyware, unauthorized access to email/voicemail, etc.
• The employer takes appropriate investigative/legal steps... or slowly bleeds to death.
Recommendations:
• Act quickly and firmly.
• Secure personnel records and back them up off-site. Especially important: Non-compete agreements, termination agreements, signed copies of company rules, etc.)
• Take any collected evidence to an outside attorney to determine a course of action for investigation, employee termination and possible prosecution.• Document evidence of business diversion. (Talk to customers openly, or indirectly. Consider setting up a sting.)
• Monitor and back-up their business e-mails, if legal in your state.
• Conduct a survey for electronic surveillance devices and other counterespionage vulnerabilities. (Hire the best specialist you can find. You may only get once chance to do this part correctly.)
• As soon as possible, conduct a forensic examination all their company-owned computer devices. (Computers, PDAs, Cell phones, etc..) Hire the best specialist you can find. You may only get once chance to do this part correctly.
• Upon termination of the first rogue employee, conduct interviews with remaining employees (with your attorney). Let them know the full ramifications of intellectual property theft.
• Notify customers of personnel changes.
• Quickly, introduce replacement personnel.
• Notify recently departed customers of the situation, and warn them (nicely) of potential ramifications (if any) from dealing with renegade employees.
• Develop a marketing device to keep remaining customers loyal.
• Monitor competition for future compliance.
• Notify customers of personnel changes.
• Quickly, introduce replacement personnel.
• Notify recently departed customers of the situation, and warn them (nicely) of potential ramifications (if any) from dealing with renegade employees.
• Develop a marketing device to keep remaining customers loyal.
• Monitor competition for future compliance.
Your situation may require additional, or alternate, steps. Partner with a counterespionage specialist for direct advice. ~Kevin
