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what steps can i take to be safer

(Querist) 17 May 2008 This query is : Resolved 
one employee working in a hr consultancy as manager,but not received any appointment letter...

at a point of time wanted to start his own hr solutions and was working for it after office hours....

but the directors of the consultancy came to know this before he told them.....

in no way the employee used the organization's name or others things in the ofice.....the directors are threatening that they will sue him he has betrayed them etc

the person is no more working with them....

can the sue and on what grounds?
H. S. Thukral (Expert) 17 May 2008
yes if the employee has used their data to his own advantage which was in his custody and control during his employment.
Liability can be both in civil and criminal law on facts of the case.
david vijaykumar (Expert) 17 May 2008
Where is the proof of the alleged person employed?
Except for threat, on what proof the directors can sue him for criminal and civil liability.

If the directors have any proof of the person having employed and abused his position by taking advantage of his employment, then only any action is permissible. Law does not recognise verbal transactions in such situations, as in my opinion. This would apply to junior lawyers working with the senior lawyers. It is very often found the juniors take advantage of senior lawyers clients and take away their clients as well. We see practically in our day to day life.

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