Asked 7/15/2016 – Dallas, TX

Office manager decides to pull company information onto his thumb drive and give business no access for view or print, business pictures, documents and company expenses. We called and text no answer. Still has company cc and entry door key.

Answer

It is up to the police to determine if any criminal charges can be filed, and you have the option to file an incident report. In my opinion, however, having the materials you describe in his possession will not be actionable; the ex-employee would have to do something with these items before the police will get involved. For example, if the credit card was used after termination then the police will follow up. Otherwise, you can terminate the card and the police do not have to get involved. I am unclear about the thumb drive. Did this prohibit your company to view or print materials? If so, Section33.02 of the Texas Penal Code – Breach of Computer Security may apply. Again, you can make the report but more details need to be provided.