During resignation, can HR demand to check personal hard disk content ?

Can I say the hard disk was missing / lost ?

10 Answers

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  • Anonymous
    1 month ago

    You best betta hurry up and delete your massive(ly inappropriate) porn at work collection!

  • L
    Lv 5
    1 month ago

    Since EVERYTHING at your job belongs to your employer - YES.

  • 1 month ago

    I am not an attorney.

    if it is a company PC/disk then it is not a personal hard drive, it is the company's hard drive.  If this company has an HR department that is in any way competent then you will find there is writing somewhere that you agreed to that tells you anything that goes on that drive can be examined by them.  My company tells me this every time I log in to my laptop and you probably have something similar.

    If you erase anything on that drive you are opening yourself up to litigation, even if it was your stuff, since you can't really prove it was your stuff that you erased.  Of course they likely won't prosecute if they are letting you go, but none-the-less it can be considered theft and you can go to jail for it.

    If you are talking about an external (say usb) hard drive or thumb drive you plugged into your laptop that is really yours, then they can ask to see the drive to which you can say no.  If they decide to litigate then they can compel you to provide it the drive and it the judge agrees and it comes out you destroyed the drive or the data that was on it, you can go to jail.  But that is also hard to prove and expensive, so unless they really really want it they won't bother.

    If your company is involved in some legal investigation that is State or Federal government based, and they think your drive is somehow related, then that is a whole other can or worms and you should get a lawyer.

  • 1 month ago

    If you stored personal information on the company's hard drive, it can, and should be examined.  So knowing this, you needed to remove any personal info from it before resigning. You've done something they can prosecute you for if the content is something prohibited, illegal, or violates some company policy. 

    If you brought your OWN hard drive into the company and used their computers to utilize it, you don't have to turn it over.  But you may not get a good reference from them for this little deed--you should not be using ANY company resources for personal gain or personal use. That even means their computers, electricity, internet service, or anything else. 

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  • 1 month ago

    Why is your personal hard disk at work?  (I assume you mean external hard disk).

    And how does HR know it was at work?

    If it's company property, it's not "personal".

  • edward
    Lv 7
    1 month ago

    And where did the disk go?  It is company property, they have the right to do whatever they want to it

  • 1 month ago

    They have every right.  Your personal computer should not have been at work and since it is, they have a right to check that it does not contain any of their content.  You can say anything you want but it won't matter.  They will check it anyway.

    Source(s): Certified Paralegal, with 25+ years' experience & with Employment law experience.
  • If it's a company computer, then they can absolutely check it.  If you tell them the hard drive is missing they can and will pursue litigation (anything on it could easily be classified as stolen proprietary information).

  • Anonymous
    1 month ago

    You're going to jail.

  • 1 month ago

    If its their computer they can.  If its your computer then I'd just "forget" to bring it in to work.

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