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Ravi Kishor (HR Cordinator)     15 September 2010

Does dual employment become legal issue?

Dear Sir/Madam,
 
One of my friend working full time for recruitment agency, and taken up a part time opportunity with other recruitment agency. The first company caught him and send him out from the company. But still they sent a legal notice saying "you done some company damage and trust the worth of 10 lacs and you need to pay the same amount".

How can we sort out this?
 
Regards
Ravi Kishor


Learning

 9 Replies

Basavaraj (Asst, Manager-Legal)     15 September 2010

Hi Ravi Kishor,

first of all your friend has voilated the appointment terms it seems. No company would allow to work in dual employment.

Legally speaking your friend would have shared confidenality information with 2nd company, who knows, but according to me damages cannot be fixed in some extent, they have to prove the same.

 

Regards

Basavaraj

Ravi Kishor (HR Cordinator)     15 September 2010

Hi Sir,

While he is supporting for second company he is using only his personal e-mail and 11 e-mails only has sent from his personal e-mail ....

They are costing 10 lacs ... for that. In that also few e-mail he hasn't send at official office hours ... how they are going to costing this much prize ...........

Is there any better way to close this issue.

Regards,

Ravi Kishor

 

Jaya Pathak (advocate and tax consultant)     15 September 2010

Well, the terms of employment have definitely been violated, however, you need to once have a look at the employment agreement and check the quantum of damages given in there for an act like this, i.e. break of the agreement or the breach of the confidentiality agreement. We will be in a better position to negotitate once we have an exact idea of the subject in  the clauses for the breach of the  employment agreement.

Deepak Kumar Vasudevan ((Confidential))     15 September 2010

Since both the organizations are of the same trade speciality what I apprehend would be the bone of contention are:

  1. Conflicts of Interest
  2. Leakage of Trade Secrets
  3. Undue advantage to the Competitor / Allegation of assisting competitior to ascend to vantage position by unscrupulous means.

Basavaraj (Asst, Manager-Legal)     16 September 2010

Hi ravi, our members also given good answer to your query, however 1st Company already terminated your friend from the service. The important thing is that you need to check that termination letter was based on this subject or not, in case termination does not specify this subject matter ..definitely 100% you need not worry because, this case fall in the deep for lack of evidence...... asking 10 lakh damages is very easy but proving of the same is not easy, should be a cogent documentary evidence to show for damages, courts cannot pass its order based on assumption and presumption, judgments should be based on documentary evidence. Even though termination letter on this subject onus of proving lies on 1st Company. On the other hand on the prima facie case 1st Company would have sent this notice only for threatening to your friend.

Finally I could your friend does not require to scare. Don’t hurry in sorting out this kind of things, ask your friend to wait and see, than things will get sort out commonly.

Regards

Basavaraj.R   

Ravi Kishor (HR Cordinator)     16 September 2010

Hi Sir (Basavaraj),

Can I have your contact details, so that I can reach you and will explain full what exactly it's happy.

My friend has worked only part time job only .. not full time and where as he worked from home not in office hours. He not got any offer letter from part time job copnay and not any salary also.

He not received any termination letter and the management has asked force full to put e-mail saying I have worked with other company and it's not official thing so here by I resigned  my present job and I am accepting any deciseon what ever management take the action.

This is only the communication it's happen from employee .....

Regards,

Ravi

 

Basavaraj (Asst, Manager-Legal)     16 September 2010

most welcome call me on 09902880244

P.K.Haridasan (Advocate)     17 September 2010

Business is business. Nobody will allow to work with similar concerns whether it is part time or full time.

Gaurav (Agent)     28 August 2013

Hi,

Please tell me, i am working full time in one org. and i am also getting a option to teach students as a visiting faculties.

I 'll get a oppointment letter. as a visiting faculty.

 

Please confirm, if i can join or not...??


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