Ace (NA) 21 December 2012

Mental harassment by previous employer

Greetings!

I was working with a well known newspaper / media company. I was there for 5+ years in a senior capacity. Doing fairly well in my work i was a front runner in work performance and in a decission maker capacity. When i decided 19 months back to quit my job and begin my own work (no i did not have any non compete clause) my employer tried all methods of Salary and perks increase to retain me. However i did not change my decission and resigned on good terms. For 5 months post my resignation my employeer kept asking me to rejoin and even offered to buy my new (and very tiny) company. any thing just to have me join back. However one year back he gave me an ultimatam and thretened me stating this was my last chance. I did not return back to his employment.

Post this the trouble started

1. he began with bad mouthing me and slandering my name with false accusations. Spreading malicious rumors of financial misdealings, bad behaviour, an other acusations to people within and outside of his organisation. Being in the same industry this was immedeately damaging to my business.

2. he then began calling candidates and consultants warning people of dire consequences if they jouned my start up. This in addition of having team meetings and in a planned way spreading malicious rumors about me. This has impacted the employability of my start up and has caused revenue as well as reputation loss.

during all of this he called me / delivered messages on a monthly basis saying come and join back, etc etc.

3. He filed a wrongful police complaint against my employee (who is also their ex employee) in an endevour to presurise people to quit or for me to join back their employment. The complaint when investigate by police was found to be false and no FIR was filed. After 5 months He has used his influence to file an FIR against the same complaint and is continuing the harrasment.

I am unable to understand this behaviour and also dont know how to stop this harrasment. How can i prevent this? can i file any counter case? please help

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Kumar Doab (FIN) 22 December 2012

You have posted that:

--“ (no i did not have any non compete clause)”

From your post it can be concluded that with written non compete clause or without written non compete clause the conduct of the employer can be same.

--“ However one year back he gave me an ultimatam and thretened me stating this was my last chance.”

Is this ultimatum also in writing e.g. by SMS….

--The rumors on malicious dealings, financial misconduct, calling consultants/candidates, calling meeting of company staff to malign you are bad, unethical, unprofessional conduct. The affected party can term it damaging, hit on creditability…dignity, unlawful, illegal….

--“ The complaint when investigate by police was found to be false and no FIR was filed.”

Peruse the RTI route and obtain the certified copy.

The acts of this employer can be termed criminal intimidation.

The idea is to distract you and force you to waste your time.

While you should focus on business, develop it and match his might in the market.

You shall see you shall be comfortable while you grow.

“and is continuing the harrasment.”

Collect evidence and witnesses which carry weight and force are acceptable in our process and system of law.

You have something good which majority of the employees should do i.e. start your own venture and be an entrepreneur….

The past employer rather an individual is insecure wary of your abilities and has become vindictive and zealous to unpardonable limits.

Being from media background you must be aware of nuances of the process on how to gather evidence and handle such individuals and practices.

Such transactions should be recorded.

Being an entrepreneur yourself now you must have your own legal cell/counsel/lawyer/law firm to defend your business and business interests.

Let your lawyer evaluate your evidences and then you would know how to proceed.

The consultants in the trade are smart enough to understand where the business is.

If you are good at your business, your business shall grow, and your business shall flow to them. Some of them who are threatened and offended by your employer may be your witness/supporter.

Involve your community leaders, influential acquaintances to support you at this hour and defend you from any damage and snub this man and drill sense.

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