It's very interesting how so many people in upper management seem to think that they can trust employees not to sabotage and cause billions of dollars in losses by paying them like 100k a year.
If a current employee causes damage, that's one thing. But if a recently laid-off employee who retained full system access causes billions in losses, the CEO and board would face severe consequences legally and reputationally, since it would be perceived as an obvious security lapse.
That's no way to run an (overly litigious) society.
Only one of them would be seen as negligent.
This situation is endemic in smaller companies with the tight budgets.
In our industry and many others, being a professional and maintaining good relations with your ex -colleagues, who form your professional network, is much more valuable than any emotional satisfaction from screwing them over, even without the risk of going to prison.
That must depend on the country. In Switzerland it's standard that employees don't work during the notice period when they're laid off.
Cutting access and having security walk them out is more or less security theater. If an employee really wanted to cause damage the odds are they either already have or will still find a way. In this scenario having generous severance and treating them with respect is likely to better defuse the situation than kicking them out the door.
So no, this question doesn't apply equally to the opposite side. An employee does not take responsibility for what the company does. A lot of people wonder why CEOs are paid so much; part of that is simply to take responsibility.
Ironically, a lot of people complain about useless CEOs, but if you asked them to take that responsibility for the pay, they wouldn't take it (note that that responsibility includes things like sweet talking shareholders and giving public statements on short notice on things that could nuke millions of dollars in value and create very real legal liability).
That is obviously decided by a court.
Ironically exactly this happens at VW, where getting fired is exceedingly difficult. Neither incompetence nor underperformance are enough.
This is a twisted way to look at the risk.
Disgruntled employees have more reason to wreak havoc. All the more reason they should be treated as humanely as possible in a difficult period that in most cases is inflicted by the company itself.