A Rising Situation We See All the Time
Over the past two years, we’ve seen a sharp increase in calls from individuals who suddenly find themselves in this exact position. While most of our work still comes from corporate clients worried that a recently departed employee has walked off with their trade secrets, we also regularly help people who’ve been accused by their former employer, sometimes unfairly.
It’s true that many accusations of data theft have merit. As the old saying goes, where there’s smoke, there’s usually fire. But we’ve also seen plenty of cases where the company points the finger without real evidence to back it up.
More often than not, there’s at least a grain of truth. In today’s “always connected,” remote-work world, it’s surprisingly easy to accidentally take data you shouldn’t. Maybe you forgot about an old thumb drive you used for work. Maybe you emailed documents to yourself to work on over the weekend. Maybe you logged into company webmail from your personal computer.
These all seem harmless enough, until they fuel your former employer’s concerns and accusations.
First: Don’t Panic or Overreact
If you find yourself in this position, the first step is don’t panic and start making knee-jerk decisions.
We’ve seen too many people who, after being accused, act out of shock, fear, or anger. They start hunting through all their computers, opening old files and emails, moving things around, or deleting data, sometimes even material completely unrelated to their former job.
What they don’t realize is they’re altering important file details. Even opening an old document can change “last accessed” timestamps, potentially flagging something that had sat dormant and unimportant. This can unintentionally make things look worse.
On the flip side, some people are so eager to clear their name that they overshare or volunteer too much, putting themselves in a position to be taken advantage of.
Second: Don’t Try to Clean Up or Dig on Your Own
We can’t stress this enough: don’t start your own mini investigation. And certainly don’t begin deleting, moving, or modifying files you suspect might be problematic.
Doing so may look like an attempt to destroy evidence or cover something up. Even if your intentions are innocent, it can paint you in a very unflattering light. It also undermines your ability to later claim you didn’t realize certain files were there.
Every file, its location, when it was created, accessed, or modified, tells a story. By poking around, you start changing that story.
If you truly need to understand what’s on your devices, it’s critical to do it the right way: by having a forensic image made. That way, we can analyze your data in a method that stands up to scrutiny in court if needed. This approach preserves the original evidence and the integrity of your position.
Third: Get an Experienced Advocate on Your Side
It’s almost always better to face these situations directly rather than hope they go away. That means retaining a skilled attorney, one who understands the nuances of data-heavy disputes.
We’re not attorneys, and none of this is legal advice. But we’ve worked alongside enough to know the difference their involvement can make. With the right counsel, sometimes all it takes is a strongly worded letter to put your former employer’s concerns to rest. Without it, you could find yourself entangled in six-figure litigation.
If you don’t already have a relationship with an attorney, don’t worry. We work with many excellent lawyers we can confidently recommend. Just be cautious, as in any profession, there’s a wide range of specialties and experience levels, especially when it comes to technology-heavy cases.
Bottom Line: We’re Here to Help
If you’ve left a job and are now being accused of taking your employer’s “crown jewels,” don’t go it alone. The right digital forensic approach combined with knowledgeable legal counsel can mean the difference between resolving the issue quickly and facing a drawn-out (and costly) fight.
If you’re in this situation and need trusted expertise, reach out. We’re here to help you figure out the best course of action and build a stronger case.
About Swailes Computer Forensics
Swailes Computer Forensics provides expert digital forensic services to law firms, corporations, and organizations nationwide. Our work includes investigations into intellectual property theft, employee misconduct, data breaches, and more. With decades of experience and a commitment to integrity and clarity, we help clients uncover critical evidence and take informed action.
If you’re facing a potential case of employee data theft or have concerns about unauthorized activity, contact us for a confidential consultation.