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(, Sun 1 Apr 2001, 1:00)
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I had a long term freelancer quit last week who refused to work any notice period. We haven’t fallen out – he just needs some time out. The problem I have is that he has a company laptop that he is refusing to return. I really need it, the company cannot current afford to replace it (we are a small business) and it has some data on it (that he cannot access and isn’t backed up on to Dropbox) that I need asap for a client.
I have tried emailing & calling him and I am getting no response. It is technically theft from the company and I really don’t know what to do. I don’t want to have to get the Police involved (assuming they would be interested). He has moved house recently so I don’t have a current address for him.
What do you think I should do?
(, Thu 7 Oct 2010, 9:46, 138 replies, latest was 15 years ago)
If he's not answering your calls or emails, and there's no other way of getting hold of him, go to the cops.
Do you have a record of him refusing to return it?
(, Thu 7 Oct 2010, 9:50, Reply)
Do you have a record of the company buying it if he is going to be a twat?
(, Thu 7 Oct 2010, 9:51, Reply)
Give him one last chance to give you it back or the Police will be involved
(, Thu 7 Oct 2010, 9:56, Reply)
give him a deadline to respond and then call the feds.
EDIT: whoops, what Sportscow said.
(, Thu 7 Oct 2010, 10:11, Reply)
Any evasion on his part, straight down the cop shop. Mention that to him, before you do, he may change his mind.
Edit. Does your company owe him any money still? should add some leverage.
(, Thu 7 Oct 2010, 9:50, Reply)
(, Thu 7 Oct 2010, 9:55, Reply)
ask them if they have a current address, don't tell them why, just say you have some important info for him.
(, Thu 7 Oct 2010, 9:59, Reply)
(, Thu 7 Oct 2010, 10:00, Reply)
ask for some advice - failing that the CAB probably would be able to help.
Problem is I don't think it can be classified as theft as it was given to him in the first place.
(, Thu 7 Oct 2010, 9:52, Reply)
If you loan me something and I refuse to give it back, I have stolen it
(, Thu 7 Oct 2010, 9:54, Reply)
But it's unlikely. He hasn't refused to give it back per se, he's just not contactable.
(, Thu 7 Oct 2010, 9:55, Reply)
you have to prove his intent to keep it. Taking without consent is not the same as theft, legally.
(, Thu 7 Oct 2010, 10:10, Reply)
(, Thu 7 Oct 2010, 9:59, Reply)
(, Thu 7 Oct 2010, 9:56, Reply)
it has a whole section of law devoted to it. See if he's got any pens as well while you're at it!
(, Thu 7 Oct 2010, 10:14, Reply)
This should help protect from his archers. His forces are mostly untrained rabble, and he has only a thousand mounted knights, so do this after the rest of your forces have engaged on the southern plains. Caught between your superior foot troops and the hammer blow of the cavalry attack, he should surrender quickly and return what is rightfully yours.
Failing that, contact him one last time informing him of your intentions, and if you still get no reply, yeah, get the cops involved.
(, Thu 7 Oct 2010, 9:54, Reply)
Phone his mother up. She'll get shit sorted.
Alternatively phone AL's mum for a good cheap time
(, Thu 7 Oct 2010, 9:58, Reply)
Can you go to his old address and get a forwarding contact?
Alternatively is he on Facebook or another website where you can get him a message?
Say that you desperately need the data and can you collect it on a DVD/USB drive.
Once you have the data - and his address - you can tell him you want it back and possibly involve the law.
(, Thu 7 Oct 2010, 10:00, Reply)
As long as you can provide paperwork stating that the laptop was only his as long as he was in the company's employ, and his letter of resignation denoting that he is no longer an employee, he hasn't got a leg to stand on. I'd also make sure all the emails you've sent him asking for it back are readily at hand, along with any delivery reports you might have to prove that your emails were received.
Very decent of you to be considerate of all possibilities - he might have buggered off on holiday and be innocent of all crimes save ignorance - but if that's the case the Police will only give him a ticking off, and if it's anything more serious you need their help.
(, Thu 7 Oct 2010, 10:00, Reply)
(, Thu 7 Oct 2010, 10:07, Reply)
It's the only way to be sure
(, Thu 7 Oct 2010, 10:13, Reply)
and see if he's left a forwarding address, failing that try next of kin if you have their details? It's entirely possible that he just doesn't realise you've been trying to get hold of him - someone who refuses to work notice on the basis of 'needing some time out' probably has some issues going on (or have fucked off on a much needed holiday) and might therefore not be getting your messages. So, make every reasonable attempt to contact him and if he doesn't, you're perfectly within your rights to report him. I'm not sure the police will be that interested though, even though it's your laptop and technically theft.
(, Thu 7 Oct 2010, 10:07, Reply)
and thinking you guys are idiots for giving this guy the benifit of the doubt when he is obviously a thieving cuntrag
(, Thu 7 Oct 2010, 10:11, Reply)
People may move but they sure as hell don't suddenly vanish from phone and email contact at the same time. The only innocent scenario is that he's dead.
(, Thu 7 Oct 2010, 10:14, Reply)
it could be a misunderstanding. I grant you, it probably isn't and the guy is probably avoiding calls etc on purpose in the hope he'll get away with it...but it could be a misunderstanding.
(, Thu 7 Oct 2010, 10:31, Reply)
(, Thu 7 Oct 2010, 10:13, Reply)
Even if they do take the approach of "we'll get round to that right after we solve all the murders", if you don't report it now they'll be even less interested when you report it a few weeks down the line
(, Thu 7 Oct 2010, 10:20, Reply)
on the grounds that should that laptop turn up down the line with a metric fuck-ton of kiddy porn on it, they'll have a record stating that it has been stolen from and, critically, no longer belongs to his company.
Edit: If it's metric, I suppose that'd be a fuck-tonne.
(, Thu 7 Oct 2010, 10:22, Reply)
ALWAYS it comes back to kiddy porn with you
Although in this instance that's actually a very good point
(, Thu 7 Oct 2010, 10:23, Reply)
maybe I should seek help before I end up sleeping with my sister.
(, Thu 7 Oct 2010, 10:28, Reply)
I'd like to point out that my sister lives in Nottingham
But two of the missus' four sisters live in Norfolk. Does that count?
(, Thu 7 Oct 2010, 10:31, Reply)
Not only there to stop people playing Solitaire on company time.
(, Thu 7 Oct 2010, 10:28, Reply)
It is typically known as running a small company and keeping headcount costs down. I think I am going to outsource all this IT stuff though - I would never have thought about the encryption software you mentioned.
(, Thu 7 Oct 2010, 10:32, Reply)
(, Thu 7 Oct 2010, 10:37, Reply)
It's only if you use it as a unit after a number "14 tonnes (fuck, for the use of)" that it needs the extra "ne" as you clarified the metric part.
*kills self*
(, Thu 7 Oct 2010, 10:32, Reply)
well there is that, obviously. But it's probably not much use to you if I'm dead.
(, Thu 7 Oct 2010, 10:47, Reply)
Is that it gives the police a very quick, simple theft to investigate and solve. Another much-needed 'solved' statistic that'll take a couple of hours for an officer.
(, Thu 7 Oct 2010, 10:26, Reply)
We run encryption software on our laptops that only decrypts on a successful login. If the laptop gets nicked, it'll fail and lock it out for good. In the even of a former owner going off with it, disable their account and the second they try to get back onto the company network with it, it'll disable it.
We don't allow anyone with a laptop to save anything locally, so if they steal the laptop and don't connect it to the network, all they have is two hundred quid's worth of paperweight, they can't reformat, or reinstall Windows because they don't have admin rights to the machine and they can't steal any data as they're locked out of the network. Once the cached password details expire, the encryption software will refuse to even allow them to see the Windows loading screen until the password's changed.
I know it doesn't help you now, but it might in the future.
(, Thu 7 Oct 2010, 10:08, Reply)
is called Utimaco. It's a complete pig to administer, but very effective. Perhaps a little too effective, the amount of unlocks I have to do.
(, Thu 7 Oct 2010, 10:14, Reply)
I'd suggest that if your company is too small to happily write off a laptop it's probably way too small for it to be worth it to run something like that.
(, Thu 7 Oct 2010, 10:33, Reply)
Our margins on the work we do are good - I just re-invest most of this back in to the company to fund growth.
(, Thu 7 Oct 2010, 10:37, Reply)
You might need to employ a new IT admin just for that. It's about the size more than anything. Unless you've got heading to 100 staff who all use remote login on work laptops I'd not bother. But then my experience is going back about 8 years.
(, Thu 7 Oct 2010, 10:39, Reply)
removing admin rights to the laptops, though. Restrict them from saving stuff locally and you stop them stealing business.
(, Thu 7 Oct 2010, 10:38, Reply)
It massively pisses off staff in a small company. It basically says "fuck you, I've employed you but that doesn't mean I trust you"
It does depend on how "adult" your staff are, but IME it just created a situation where a bunch of staff thought that we valued the computing equipment more than them. Not a good situation in a small company.
(, Thu 7 Oct 2010, 10:41, Reply)
that I'm a bit jackboot in my approach to these things. In response, I'd say screw the staff, it's my job to protect the company's business, not their feelings.
Which is why I'm in a monolithic corporation, of course.
(, Thu 7 Oct 2010, 10:51, Reply)
But in a company of 20-30 people, most of whom had PhDs, sometimes maintaining a pleasant working environment is more important than the occasional disappearing laptop ;)
(, Thu 7 Oct 2010, 10:56, Reply)
and reinstall windows?
(, Thu 7 Oct 2010, 10:28, Reply)
Is a sort of onboard memory for the system board, it keeps everything that you set in BIOS (which is a system board program for various different things, including what the machine looks at first when it boots up). Now assuming that by default the machine looks at the CD-ROM drive first at boot-up you could in theory pull the jumpers, clear CMOS, insert a Windows disc and reinstall Windows. Not all of them do have the CD-ROM set as the first boot device by default, though, and even if they did, you'd have to wipe the partition the data's on to get full use of the harddrive back. If you didn't, you'd just have a second partition on the drive that you couldn't access because you still don't have admin privileges.
*breathes*
(, Thu 7 Oct 2010, 10:46, Reply)
but you'd have to be pretty knowledgeable to do that. I think, though, that clearing CMOS just resets BIOS.
(, Thu 7 Oct 2010, 10:32, Reply)
And where else can you change the CD rom as first boot device.
(, Thu 7 Oct 2010, 11:56, Reply)
If you reset the CMOS the bios is then open wide for you to go in and change that.
(, Thu 7 Oct 2010, 12:43, Reply)
you'd have to delete the partition with the data on it or put up with a computer with a partly encrypted hard drive.
(, Thu 7 Oct 2010, 12:47, Reply)
Then er, wait a few days for him to contact you before ringing the cozzers.
(, Thu 7 Oct 2010, 10:15, Reply)
Seriously though it's just another employee fucking off with a works lappy as a 'leaving present'.
(, Thu 7 Oct 2010, 10:27, Reply)
(, Thu 7 Oct 2010, 10:29, Reply)
and is ignoring your emailas as soon as he sees they're from you. Maybe send him something from a remote account - claim to be contacting him on behalf of the Bank of Nigeria, everyone reads those emails
(, Thu 7 Oct 2010, 10:29, Reply)
It sounds like he's gone into the undergrowth, you'll never hear from him again. Is it even worth your while expending time with the police over a nicked lappy; probably not, given that they don't give a shit in the first instance.
(, Thu 7 Oct 2010, 10:31, Reply)
everyone has facebook just send him a mail saying you need the data from the laptop.
(, Thu 7 Oct 2010, 10:25, Reply)
my friend offered me one, but it's far too hardcore for me, so i said no. there's no five star bathroom!
(, Thu 7 Oct 2010, 10:29, Reply)
When I can pay £180 to spend a weekend in a muddy field at Download!
(, Thu 7 Oct 2010, 10:32, Reply)
so i'm paying for it and she'll give it to her sister who's also a good friend and who has zero cash and has been a bit ill recently. saves me having to think of a more imaginative birthday present!
(, Thu 7 Oct 2010, 10:35, Reply)
I spent 4 hours trying to get them, no dice.
(, Thu 7 Oct 2010, 10:30, Reply)
That's both surprising and disappointing, I thought they usually went on sale about February time. Although I am disenchanted with the prospect of an outdoor festival until the British summer returns from its prolonged absence
(, Thu 7 Oct 2010, 10:33, Reply)
the £50 deposit has to go down early october.
there's resales and so on which may mean I can get a ticket but if not I'm going to www.szigetfest.co.uk/
(, Thu 7 Oct 2010, 10:34, Reply)
you used to have until the start of February to register and then get tickets when they went on sale at the end of the month. Or at least - that's how it was the year I did it, but I couldn't afford it in the end. I'm sure this year was unusually early.
Sziget does look awesome though.
(, Thu 7 Oct 2010, 10:42, Reply)
is a re-release around that time. I was trying from 8am (hitting the site even though the box office didn't open until 9am i think) but they were gone by about 11.15.
(, Thu 7 Oct 2010, 10:46, Reply)
He can steal whatever he likes to sell to buy MASSIVE DRUGS
(, Thu 7 Oct 2010, 10:28, Reply)
if you have his bank account details and old address, an enquiry agent could trace him v quickly. only thing is, they might be as much money as a new laptop (my guy charges about £250 for a subject trace).
(, Thu 7 Oct 2010, 10:30, Reply)
And the data probably
(, Thu 7 Oct 2010, 10:32, Reply)
(And I've already used up the "thinking outside the box" joke...)
(, Thu 7 Oct 2010, 10:46, Reply)
if so i have plenty of disappearing debtors you can trace for me, client has said up to £1,000 each, plus expenses.
(, Thu 7 Oct 2010, 10:36, Reply)
hmmm, should I have a licence before I do that sort of thing.
(, Thu 7 Oct 2010, 10:38, Reply)
you'd be a fool to pass up £1000 for five minutes' work.
(, Thu 7 Oct 2010, 10:39, Reply)
but it would basically involve going round a bunch of websites and paying £5-£10 each for credit data, electral role stuff, land registry info, company house info.
Just a bit of legwork definatly worth £1k.
(, Thu 7 Oct 2010, 10:44, Reply)
Honestly though, I had to do the same thing for my letting agent and it took me just over an hour.
(, Thu 7 Oct 2010, 10:48, Reply)
I thought of setting up a text answering service about three years before these existing ones started. Plus, for that kind of money, travel expenses to go fishing around someone's locality aren't out of the question either.
(, Thu 7 Oct 2010, 10:56, Reply)
for my clients you would, i tend to use people who are members of the british association of private investigators.
but as a second career, at £250-upwards a search most of which they do on companies house or the land registry anyway, you could earn a lot.
(, Thu 7 Oct 2010, 10:43, Reply)
I'll have to read the policy here about second incomes and think about it.
(, Thu 7 Oct 2010, 10:47, Reply)
but if you wanted to pimp yourself out to law firms etc, it would be a useful selling point. our guys do everything from online tracing to actual physical stalking, then they just prepare brief reports. they also serve papers on people - money for jam that is. wait outside their front door. give them an envelope. submit a bill for £250.
i guess it's something you could research with a view to learning more about it - if it worked out well, it would rapidly become primary not secondary income anyway.
(, Thu 7 Oct 2010, 10:59, Reply)
(, Thu 7 Oct 2010, 10:34, Reply)
1. Go to the feds
2. Get a crime reference number
3. Call your insurance
4. ...
5. Profit!
(, Thu 7 Oct 2010, 10:38, Reply)
and hardly any small companies insure for data loss.
(, Thu 7 Oct 2010, 10:40, Reply)
(, Thu 7 Oct 2010, 10:45, Reply)
business insurance is "considerably more than a laptop" - it was £5K at my last company and it's £10K at the Uni I work at.
(, Thu 7 Oct 2010, 10:45, Reply)
But the client data on it.
I say you hire some freelance secret agents!
(, Thu 7 Oct 2010, 10:40, Reply)
If you can't contact him, what else do you know about him? Where's his local pub. Family? Met his other half? Think, man, THINK!
(, Thu 7 Oct 2010, 10:46, Reply)
He's a bit of a dullard so I tended to switch off on the rare occasions he mentioned anything personal.
(, Thu 7 Oct 2010, 10:56, Reply)
Send him notification today via email, Linkedin and the post (to his old address in case he has re-direction in place) that he has until noon on Monday to return the equipment to the office. My message/letter also says:
He will be given a receipt for the machine when he returns it.
Failure to return the machine by this deadline will be considered to be theft from the company and this will result in me contacting the police.
Should he return the machine and it is damaged or has missing data then this will be viewed as negligence and/or malicious behaviour. I will be forced to take legal action if this is the case.
(, Thu 7 Oct 2010, 11:10, Reply)
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