Naveed 20 July 2018

Ex employer threatens to file care against me on non compete

Hi I recently exited my company with proper exit formalities. And now I have joined new company in same domain. But my previous company is holding my full n final settlement and my relieving letter by saying I joined their competitor. Thing is I am in this field for 15 years plus I am degree holder in same stream. Plus I never signed any document which states non compete clause neither in offer letter it was. Though I was not into strategy making but I was in middle mgmt position where contracts etc signing was done by me with clients. How should i go about solving this problem ? Legal notice will be better... if yes 'll it not take too long to get my fnf... Advise me please

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5 Replies

Pradipta Nath (Advocate) 20 July 2018

What type of agreement you signed with the client? Have you joined one of the clients? What your Appointment letter tells about the Non Competing clause?

(Guest)

How much is due?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 20 July 2018

You can bring to the notice to the labour commmissioner at your office area jurisdiction.

Siddharth Jain 20 July 2018

you should serve a legal notice to employer asking him to clear your entire fnf within 15 days of receipt of the legal notice.

if they fails to do so you can file a suit for recovery in Civil Court for recovery of your duea against them.

in absence of any non compete agreement between you and the company they cannot Christian you from joining any competitive and can hold your full and final settlement for the same reason.

For any other queries feel free to contact me at isidjain1@gmail.com

Naveed 26 July 2018

No I havent joined any client directly. clients we ussually used to sign contracts as representated by company. Singning authority.

I have joined a competitor who has direct business.

its one months now, 45 days is minimum company takes to do fnf so am waiting to complete 45 days. If at all they do nnot respond then its makes more sense to ask them to release amount ( nearly 2.5 lakh - inlcudes my last years variable pay plus one month salary plus i have some ESOP of 75k)

Thanks in advance for suggesting me what to do.