Recently, the Regional Labor Court of Minas Gerais (TRT-MG) in Brazil upheld the dismissal for just cause of an employee who transferred a client list containing confidential information from her corporate email to her personal email.
The attempt to send sensitive documents was promptly detected by the Corporate Security Department. In her testimony, the former employee admitted to having received the company’s code of ethics and participated in specific training on the subject.
The first-instance judge upheld the validity of the dismissal for just cause as a means of terminating the employment contract, basing the decision on the principles of immediacy, gradation, and proportionality in the application of the penalty.
The employee appealed, arguing that the practice was common among her colleagues and that the data transfer aimed to prove the pressures she faced to meet targets and job misassignments. She also claimed that the information was not shared with third parties.
Nevertheless, the Regional Court reaffirmed the initial decision, highlighting that the claim of no harm to the company was not valid, as the former employee’s conduct violated internal policies and exposed the company to significant risks regarding the security of its clients’ data. This case sets an important precedent regarding ethical boundaries in the corporate environment, emphasizing the importance of data protection and confidentiality of business information. After all, once sensitive data is leaked, it is practically impossible to reverse the situation, leading to considerable reputational damage in the market.
To mitigate these risks, companies can adopt effective preventive measures, such as:
1. Including clauses in employment contracts that address information confidentiality and liability in the event of data misuse.
2. Establishing a code of ethics that clearly outlines the obligation to ensure the security of confidential information.
3. Implementing continuous training for employees, emphasizing the prevention of unauthorized data disclosures and the risks associated with data breaches.
These measures not only protect the company and its clients but also promote a more aware and responsible work environment, reinforcing the importance of ethics and security in handling sensitive information. The adoption of preventive practices is, therefore, essential to ensure data integrity and maintain trust in client relationships.
