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Kuntal   10 March 2017

Previous employer sent a written legal asking for my action

I have been working in a company since last 2 years. Recently I have left the company. I have all the proper documents from the company like offer/appointment letter, release letter etc. The company works on the web development field on the freelancing websites. After leaving from the company, I have created my own freelancing profile to work for myself in the web development domain. I have contacted with one of the previous client with whom I have worked while I was working in the company. The client also decided to work with me and assigned me a project. My previous employer got to know about this thing that I have stolen their client that's why they are angry with me and does not want to pay my last 20 days payment which I serverd as a notice period. They have also sent a written letter to my postal address mentioning that they need clarification why I have stolen their client and if I do not respond they will take legal action. Can they take any kind of legal action against me? This is my question. Please respond to me so that I can proceed accordingly.


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 9 Replies

Kumar Doab (FIN)     10 March 2017

Did you sign any agreement or clause i.e; Non Compete/Non Solicitation etc etc?

 

Kumar Doab (FIN)     10 March 2017

It shall be better to show the said letter or notice or legal notice and all agreements/causes that you have signed with past employer, to your own counsel at your location speacializing in such matters and let your counsel reply to it.

Kuntal   10 March 2017

No. I did not sign any agreement or clause.

Kuntal   10 March 2017

No. I did not sign any agreement or clause.

Kuntal   10 March 2017

The only thing I have signed so far with my previous employer was the offer/appointment letter where there were no terms and conditions mentioned in this regards. So please let me know if they can take any legal action against me or not. I do not want to get into unnecessary trouble. Hope you can understand my concern.

Kumar Doab (FIN)     10 March 2017

The company might have claimed that you have stolen their data of clients.

Let your counsel submit draft a fitting reply to the said letter/notice/legal notice and also demand your pending payment of wages/payouts.

Kuntal   11 March 2017

The client has willingly assigned me the project on the freelancing portal. So is it some kind of theft activity? As I have done some business with this particular client that's why my previous employer has sent me the letter(on the company letter head). Please be reminded that this is not a notice from the court. I have done all those things after leaving the organization. One more thing, I need to mention over here. These type of works are done through online bidding portal where I need to place the bid and according to the bid amount, the client chooses the right candidate. That's how these freelancing websites(online bidding portal) works.   

Kuntal   11 March 2017

Now they are trying to make false allegations against me. Recently, I have got to know that the project manager is trying to harm my reputation infront of the new employees of the organization. He has told them that I have changed the password of their server while leaving the company. But the matter of fact is that, they have already changed the access details once I left the company. The company has released me without any hesistation as I have properly served the notice period. I have got the release order from my previous employer and now they have started doing all these things which is really ridiculous. After the very day of sending the second email to the company director regarding the full and final settlement(20 days payment), they have sent me the threatening letter to my postal address. 

Kumar Doab (FIN)     11 March 2017

“These type of works are done through online bidding portal where I need to place the bid and according to the bid amount, the client chooses the right candidate.”

Provide all such facts with copies to establish it, to your counsel.

Let your counsel submit draft a fitting reply to the said letter and also demand your pending payment of wages/payouts.


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