When an employee leaves your companyâespecially under tense circumstancesâitâs natural to want answers. Maybe youâre trying to verify what they were doing, or ensure no damage was done on the way out. And in those moments, itâs all too common for a manager to say, âCan you reset their password so I can check their email?â or even worse, âI want to see their LinkedIn or Gmailâjust get me in.â
But hereâs the problem: that request, while seemingly harmless, can carry significant legal, ethical, and cybersecurity risks.
Accessing someoneâs personal accounts (like Gmail, Facebook, or LinkedIn) without their permissionâeven on a company deviceâcan violate federal laws like the Computer Fraud and Abuse Act (CFAA) and various state-level privacy protections. Even if your intentions are just to gather information, courts may see it as unauthorized access.
Even accessing a work email account carries risks if the information obtained is later used in litigation. Improperly gathered evidence could be ruled inadmissibleâor worse, used against your company to claim privacy violations or retaliation.
Yes, the computer may belong to your business. But that doesnât automatically grant access to every application or online account the former employee used. Personal accounts accessed on work machines still retain personal protections. Resetting a password or forcing access, especially without proper documentation or HR/legal review, is a legal grey area at bestâand a liability minefield at worst.
Hereâs what you should do instead of logging in yourself:
Have a Digital Offboarding Policy
Ensure IT deactivates or suspends the former employeeâs accounts immediatelyâbut without accessing their personal data.
Preserve First, Investigate Later
Use tools to archive email or capture a disk image of the machine for secure review. This maintains the integrity of any potential evidence without tampering.
Involve HR and Legal Early
If you suspect misconduct or need to gather digital evidence, work with legal counsel and your IT provider. They can ensure the process complies with employment and privacy laws.
Train Managers on Whatâs Off Limits
Most of the time, this issue isnât about maliceâitâs a lack of understanding. Train your leadership team on digital boundaries to avoid accidental policy violations.
The moment you access a former employeeâs private messages or reset their credentials without following due process, your company may cross a line thatâs hard to walk back. Even with good intentions, the legal and ethical fallout can be significant.
At Bluefin Technology Group, we work with our clients to build clear offboarding procedures that protect your business, your data, and your reputation. Donât go it aloneâtalk to your IT partner before you take that risky step.