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Vaibhav   16 November 2015

Ex employer threatening legal action (IT sector)

Hello Experts,

My ex-employer has sent me a letter threatning to take legal actions against me. Reason being, my new employer is from same domain and both these comapnies are considerable competitors. The agreement with ex-employer said, i could not join any employer within the domain within period of 6 months. Now, that i have already joined within 3 months, they are seeking a reasonable reponse in written.

Please suggest.



Learning

 5 Replies


(Guest)

you do one thing. you tell everything to your current employer. specially about the agreement.  then temporarily you resign and intimate that to your ex employer.

 

then after 6 months you join again. make arrangement to this effect with your current employer.

Vaibhav   16 November 2015

Thank you for the vaulable suggestion, Arix. Let me make the situation more clear here. My current employer already knows about the situation. In fact, they knew it when they hired me considering negligible chances of ex-employer keeping a check on employee who has already left the organisation. Now, the situation is, my ex-employer somehow knows about my current employer and has released me a legal notice asking the explanation about things. My current employer doesn't have any issues with the situation, but they do not want to comment on this and have asked me to reply to the notice on my own or with the help of some legal advisor. They also said, if anythings comes at their end, they would take care of it.

So, i am stuck here seeking a reply that gives me least damage.

Kumar Doab (FIN)     22 November 2015

Apparently you have signed some Non Compete clause/agreement with past employer?

Isn't it?...............................

Or is it some other clause agreement?

You may avoid sending a written reply in haste and show the entire document verbatim to an able counsel specializing in such/labor/ service matters. It is an altogether different field and you may prefer a counsel well versed with such matters. Your able counsel can help you.

 

 

akshay   11 December 2015

I was employed with an IT company as executive administrator (Receptionist) and resigned on 06/11/2014. I served the notice period of 1 month and completed all the formalities of the company. I asked for my full and final settlement amount which is due on company but after 1 month of delay they are harassing me saying that I joined another competitor company and they wont pay me my full and final settlement amount. Please advice me, am I covered under the definition of "Workmen" of Sec2 of Industrial Dispute Act, 1947 or not. My monthly salary was Rs. 26,500/-.

Kumar Doab (FIN)     11 December 2015

@ Akshay: The query of Akshay is also posted at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=130391&offset=1

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