Maintain an asset inventory for each employee/contractor from day one. Track:

• Asset tag / serial number for all hardware
• Date issued and condition at issuance
• Assigned user and department
• Value (for conversion damages if not returned)
• Software licenses tied to specific devices or users

When an employee departs, cross-reference this inventory in your demand letter to show exactly what's missing.

Even if the employee returns the physical hardware, confidential data may still exist in multiple locations:

Include a certification template in your demand letter requiring the employee to sign and return:

CERTIFICATION OF RETURN AND DELETION

I, [Employee Name], hereby certify under penalty of perjury that:

1. I have returned all Company property, including all hardware, documents, access credentials, and materials listed in Exhibit A;
2. I have deleted all Company confidential information, documents, files, and data from my personal devices, including computers, phones, tablets, USB drives, and external hard drives;
3. I have deleted all Company emails, attachments, and data from my personal email accounts (including [list specific accounts if known]);
4. I have deleted all Company data from my personal cloud storage accounts, including Dropbox, Google Drive, iCloud, OneDrive, and any other cloud services;
5. I have not retained any copies, backups, or derivatives of Company confidential information in any form or location;
6. I have not disclosed any Company confidential information to third parties, including my new employer;
7. I will not access any Company systems, accounts, or data after the date of this certification.

Signed: _________________________
Date: _________________________

If the employee used a personal device for work under a BYOD policy, you face additional challenges:

There's a tension between demanding deletion and preserving evidence for litigation:

• If litigation is NOT anticipated: Demand immediate deletion and certification to minimize ongoing exposure
• If litigation IS anticipated: Send a preservation notice prohibiting deletion, alteration, or destruction of data, then seek court-ordered forensic imaging to verify what was taken

Preservation notice language:

You are hereby instructed to preserve all evidence related to your access, use, and retention of [Company]'s confidential information and property, including:

• All devices (computers, phones, tablets, USB drives) that may contain Company data;
• All emails, text messages, and electronic communications;
• All cloud storage accounts and file-sharing services;
• All documents, files, and data in any format.

Do not delete, alter, or destroy any of these materials. Failure to preserve evidence may result in sanctions, including adverse inference instructions and spoliation penalties.

1. Reference to contractual/policy obligations: Cite specific provisions requiring return of property
2. Itemized list of property: Be specific—serial numbers, asset tags, descriptions
3. Return logistics: Where to send, how to ship, who to contact, prepaid shipping label (if applicable)
4. Deadline: Typically 5–10 business days
5. Certification requirement: Include certification of deletion template to be signed and returned
6. Consequences of non-compliance: Conversion claim, trade secret misappropriation, cost recovery, attorneys' fees

Dear [Former Employee/Contractor]:

As you are aware, your employment with [Company] ended on [date]. Pursuant to [Employment Agreement / Employee Handbook / IT Policy] Section [X], you are required to return all Company property immediately upon termination.

Our records indicate that you have not yet returned the following items:

Item	Description / Serial Number	Value
Laptop	MacBook Pro 16", Serial: C02X12345678	$2,800
iPhone	iPhone 14 Pro, IMEI: 123456789012345	$1,200
Access badge	Badge #4521	$50
Total Value:		$4,050

DEMANDS:

1. Return all items listed above to [Company Address, Attn: [Contact Name]] by [specific date, typically 10 days from letter];
2. Complete and return the attached Certification of Return and Deletion, confirming that you have deleted all Company data from personal devices and cloud storage; and
3. Contact [IT Contact Name] at [email/phone] to arrange return logistics. We will provide a prepaid shipping label upon request.

CONSEQUENCES OF NON-COMPLIANCE:

If you fail to return the property by the deadline, [Company] will pursue all available legal remedies, including:

• A claim for conversion and recovery of the fair market value of unreturned property ($[total value]);
• Trade secret misappropriation claims for retained confidential data;
• Withholding of final paycheck [if permitted by state law] to offset the value of unreturned property;
• Attorneys' fees and costs; and
• Referral to law enforcement if appropriate.

Please contact me immediately if you have any questions.

Sincerely,

[Sender Name / HR Director / Attorney]

When requesting return or forensic imaging of devices, be mindful of privacy concerns:

If litigation is likely and you need to verify data deletion:

1. Propose neutral third-party forensic examiner: Mutually agreed upon expert who will image the device and apply search terms/filters
2. Define search scope: Limit to company-related data (file names, email addresses, specific terms)
3. Filter out personal data: Protocol for excluding personal emails, photos, medical records, attorney-client communications
4. Privilege log: Employee can claim privilege over attorney communications or other protected materials
5. Cost sharing: Negotiate who pays for forensic imaging (often split or employer bears cost)

To verify your compliance with the return and deletion obligations, we propose the following protocol:

1. You will deliver the laptop to [Neutral Forensic Firm], a mutually agreed-upon third-party forensic examiner;
2. The examiner will create a forensic image of the device and search for Company-related data using the following search terms: [list specific terms, file extensions, email domains];
3. The examiner will filter out personal data unrelated to [Company] business, including personal emails (non-Company domains), personal photos, and privileged attorney communications;
4. The examiner will provide a report to [Company] identifying any Company data found on the device, without disclosing your personal information;
5. [Company] will bear the cost of the forensic examination.

This protocol protects your privacy while allowing us to verify compliance with your contractual obligations.

If you have remote wipe capabilities (via MDM or "Find My" features), consider these factors:

I assist companies in recovering property and confidential data from former employees and contractors. I draft demand letters, coordinate forensic imaging, negotiate return protocols, and pursue litigation for conversion and trade secret misappropriation when necessary.

• Property return demand letters: Comprehensive letters with itemized inventory, clear deadlines, and certification requirements
• Data deletion certification protocols: Draft certification templates and follow-up procedures
• Forensic imaging coordination: Negotiate neutral third-party imaging protocols that balance preservation and privacy
• Preservation notices: Prevent spoliation when litigation is anticipated
• Conversion and trade secret litigation: Pursue claims for unreturned property and retained confidential data
• Policy review and drafting: Strengthen your IT policies, acceptable use policies, and exit procedures to prevent future disputes

1. Asset inventory review: I work with your IT and HR teams to create a complete inventory of what should be returned.
2. Tailored demand letters: I draft letters calibrated to the relationship—cooperative for valued ex-employees, aggressive for bad actors.
3. Privacy-conscious protocols: I propose forensic imaging and verification procedures that protect employee privacy while securing your rights.
4. Rapid escalation readiness: If the employee ignores the demand, I'm prepared to file for injunctive relief and pursue conversion/misappropriation claims quickly.
5. Policy improvement: I identify gaps in your current policies and help you implement stronger property return and exit procedures to prevent future issues.