Legal action against emplyee who joined compititor's company

Siddharth More (Querist) 07 June 2012 This query is : Resolved
Respected Experts,

In our company from sales department one employee has resigned giving false reason that his father is very ill, his resignation was accepted only on this reason, that after completing due formalities he has relieved with relieving letter and experience certificate. After inquiry we found that he has joined our competitor's company and misusing our confidential data which he has unauthorizly kept with him. In his appointment letter he has agreed that he never join our competitors. Now he not only using our confidential information but also solicit our employee, which caused adverse effect on our sale and we suffer very much loss. In this situation my questions are

1) Shall we initiate any legal action against such employee under civil or criminal law?

2) Shall we withdraw/canceled the relieving letter and experience certificate issued by us?

3) shall we send notice to his present employer regarding his conduct?

4) After due notice to his present employer shall we initiate legal action against his present employer for misusing our confidential information/data?

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ajay sethi (Expert) 07 June 2012
1)you should issue legal notice to your ex employee mentioning that resignation letter was accepted on the grounds that his father was serious . on said basis expereince and relving letter was given .

the notice should mention tht as per terms of appointment the said employee had given an undertaking not to join competitor . however it is found that he has not only joined competitor but also divulged confidential data to competitor

2) you cant cancel releving letter once you have accepted his resignation .

3) send a copy of notice for information to present employer

4) you can aintiate action against your ex employee for divlging condiential data .

Guest (Expert) 07 June 2012
Dear Siddharth,

I wonder in which capacity you have put this question whether in your capacoty as self-employed, as your profile reveals so, or as a Manager or as the owner of some company?

Sankaranarayanan (Expert) 07 June 2012
If he did wrong and breach of trust. Then uu can act according the advise given by mr sethi.

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