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Yash   26 March 2016

Legal notice by ex employer

Legal Notice for Criminal Breach of Trust and the Offences of Civil & Criminal Defamation as committed with an intention to defame the Social Reputation of our Client, Intentional Insult & Criminal Intimidation U/s 406, 504, 506, 499 & 500 of IPC , i have been served this notice by my ex-employer i)i had formally given resignation on 30/01/2016 and my resingnation was accepted on 31/01/2016 but this notice says i was given termination notice in december 2015 due do misbehave with one of my female colleuge which is false ii) they made me sign a decleration on 28/01/2015 stating aftere leaving this job i will not work in similar kind of job for next 3 years (i have joined similar kind of job) as i am good in my job and not working for 3 yrs in same field my carrier will be ruined iii) notice states that i have stolen thier datas and made them public which is false They are asking a compansation of 1 crore 50 lakhs for mental agony and 50 lakh for goodwill damage (my salery was 18000 pm) Notice has not stated that in how much time should i reply to it Please advice me should i reply notice or if i dont what can they do and will this suit stand in court of law


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 1 Replies

Kumar Doab (FIN)     26 March 2016

You had tendered notice of resignation or resignation with immediate effect on 30-01-2016?

Was your resignation accepted before expiry of notice period tendered by you on 31-01-2016?

Were you forced to sign on declaration on 28-01-2015?

 Was this declaration circulated and any time period was granted to study, accept, decline?

Do you have copy of this declaration?

Did it contain only the clause(es) on Non Compete or anything else also?

 

You may show all employment related docs, appointment letter, all rules and policies mentioned in appointment letter, this declaration, this legal notice to an able counsel specialzing in labor-service matters and let your counsel  draft a fitting reply denying the allegations that are posted as false by you and raise appropriate demands from your end.

 

Indian Courts have consistently been declining toi enforce Non Compete Clauses as it hits right to earn livelihood and clauses of Indian Contracts Act. 

 

 


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