I had joined a MNC in the position of Sales Manager. I resigned from my previous employment after 5 years to join another company. My resignation was accepted, I served the notice period of 2 months, got my final settlement and relieving letter. The new company is not a competitor of my ex-employer(though my ex-employer feels otherwise). There was a non-compete clause signed to this effect that I would not join a competitor( after 20 months of joining employment). This signing was done more on coercion than own volition.Over 2 months into my employment, my ex-employer has sent a legal notice to me and my current employers head office overseas. The current employer asked me to resign due to \'personal reasons\' citing they do not want to get into legal hassles in India. I am left high and dry with out employment. I am an Engineer with over 24 years of unblemised record in my professional career. How can I fight now with my previous employer for causing untold suffering and damage to my career and livelihood?
From India, Bangalore
3From India, Bangalore
Dear Anonymous,
Please get your appointment letter from the Employer A, including the copy of the NDA and Employer B verified by a lawyer .
In India an NDA is not valid. Please get the clause mentioned in the letters verified.
If they sent a legal notice, chances are there that they filed it in India.
Please consult a lawyer at your earliest .
Here are few posts on the debate, you will find many more valuable discussion if you search it in CiteHR
CocoCola case
Enforcement of NDA
Wish you all the best !
From India, Mumbai
Please get your appointment letter from the Employer A, including the copy of the NDA and Employer B verified by a lawyer .
In India an NDA is not valid. Please get the clause mentioned in the letters verified.
If they sent a legal notice, chances are there that they filed it in India.
Please consult a lawyer at your earliest .
Here are few posts on the debate, you will find many more valuable discussion if you search it in CiteHR
CocoCola case
Enforcement of NDA
Wish you all the best !
From India, Mumbai
It is surprising that your MNC has developed cold feet on receiving just a legal notice from your ex-employer; without going into the merit of the matter.
"Over 2 months into my employment, my ex-employer has sent a legal notice to me and my current employers head office overseas. The current employer asked me to resign due to \'personal reasons\' citing they do not want to get into legal hassles in India."
attribution https://www.citehr.com/478242-job-lo...#ixzz2muHEc9Zk
Ideally your employer should have sent a reply through their legal counsel.
However, since it has not been done by them; and the notice was sent to you as well; you can send a REPLY through your own lawyer.
Send a strongly-worded reply through your lawyer and mention the INFRINGEMENT of your RIGHTS to EARN LIVELIHOOD and to EMPLOYMENT.
Also CLAIM the Monetary Loss you are likely to suffer on account of this.
Challenge them that you will pursue this matter in Court and make Claim for damages.
Do not give-in to such blackmail.
Such sadistic and unscrupulous employers should be taught a lesson so that they do not exploit anyone else in future.
Warm regards.
From India, Delhi
"Over 2 months into my employment, my ex-employer has sent a legal notice to me and my current employers head office overseas. The current employer asked me to resign due to \'personal reasons\' citing they do not want to get into legal hassles in India."
attribution https://www.citehr.com/478242-job-lo...#ixzz2muHEc9Zk
Ideally your employer should have sent a reply through their legal counsel.
However, since it has not been done by them; and the notice was sent to you as well; you can send a REPLY through your own lawyer.
Send a strongly-worded reply through your lawyer and mention the INFRINGEMENT of your RIGHTS to EARN LIVELIHOOD and to EMPLOYMENT.
Also CLAIM the Monetary Loss you are likely to suffer on account of this.
Challenge them that you will pursue this matter in Court and make Claim for damages.
Do not give-in to such blackmail.
Such sadistic and unscrupulous employers should be taught a lesson so that they do not exploit anyone else in future.
Warm regards.
From India, Delhi
I second, Ms (Cite Contribution) and other, you need to go through the terms and conditions of your appointment letter (if you have) with your previous employer first to know what it says in this regard.
Second, I request you to check the legal notice and the stated reasons by your ex-employer clearly or the definition of violation, and whether there was a copy of NDA/NCA agreed/signed by you (or appointment letter stated the T&C/Clause in this regard), attached with this legal notice by them or not?
It is really important to understand what a legal notice says or terms are applicable in this regard. If it is a valid legal notice, there must have a attached copy of your agreed/signed terms and conditions (Legal reference to support their case) for not joining a competitor company for a defined/particular period, but if there is nothing like it, you have a chance to fight back or reply them in a right /good manner.
In other words, If you have not signed NDA (NON - DISCLOSURE AGREEMENT) and NCA (Non-Compete Agreement) with stated terms for not to join a competitor for a particular/defined period clearly, there is no need to worry about anything but if yes, you must have provided the copy of it by your ex employer as stated above.
Now it is you who have to share these information which will enable me help you more. Also need to be sure of what you did or there was nothing wrong at your end.
Note: If possible or feel comfirtable, i would like to have the details or copy of legal notice sent to you by your ex-employer
From India, Gurgaon
Second, I request you to check the legal notice and the stated reasons by your ex-employer clearly or the definition of violation, and whether there was a copy of NDA/NCA agreed/signed by you (or appointment letter stated the T&C/Clause in this regard), attached with this legal notice by them or not?
It is really important to understand what a legal notice says or terms are applicable in this regard. If it is a valid legal notice, there must have a attached copy of your agreed/signed terms and conditions (Legal reference to support their case) for not joining a competitor company for a defined/particular period, but if there is nothing like it, you have a chance to fight back or reply them in a right /good manner.
In other words, If you have not signed NDA (NON - DISCLOSURE AGREEMENT) and NCA (Non-Compete Agreement) with stated terms for not to join a competitor for a particular/defined period clearly, there is no need to worry about anything but if yes, you must have provided the copy of it by your ex employer as stated above.
Now it is you who have to share these information which will enable me help you more. Also need to be sure of what you did or there was nothing wrong at your end.
Note: If possible or feel comfirtable, i would like to have the details or copy of legal notice sent to you by your ex-employer
From India, Gurgaon
Please consult a lawyer. If you are in Bangalore, we can help you to identify a good lawyer.
to understand and help your case, we need many more information. Anyways, you are on a better footing and can fight this case.
If possible please explain why your new employer is not a compititor to your earlier employer. This may help many member to contribute and help you. Some may help you with case laws etc.
Best Regards,
Divakar
From India, Bangalore
to understand and help your case, we need many more information. Anyways, you are on a better footing and can fight this case.
If possible please explain why your new employer is not a compititor to your earlier employer. This may help many member to contribute and help you. Some may help you with case laws etc.
Best Regards,
Divakar
From India, Bangalore
As mentioned by Moderators and Super Moderators, I also join them stating that NDA/NCA is not valid in India, moreover in your case the ex employer is an Indian Company and your present employer is a foreign company so legally you have a strong hold that competition is within the jurisdiction of region/state/country and not outside.
So please do not worry, and convince your present employer to be cool, also if you can attach the NDA/NCA duly signed by you to give you appropriate advice how to go further.
From India, Ahmadabad
So please do not worry, and convince your present employer to be cool, also if you can attach the NDA/NCA duly signed by you to give you appropriate advice how to go further.
From India, Ahmadabad
Thanks for your response to my query. Both companies are MNC's with HQ's in Europe. They have sales operations in India. The former company is a manufacturer of only one range of products but the latter has multiple range of products. From what I understand, Section 27 of the Indian Contracts act cannot prevent an ex-employee from pursuing a legitimate trade or job. I was relieved and then joined this company.
From India, Bangalore
From India, Bangalore
Would appreciate your goodself if you could send us the NDA/NCA copy to get a better review from the legal point of view
From India, Ahmadabad
From India, Ahmadabad
Dear Sir,
I sincerely appreciate your inputs and respect the same.
As advised by your goodself, I have contacted a lawyer the past week and he has responded to the legal notice from my ex-employer with a 4 page rebuke stating why the legal notice is unconscionable, against public policy, against right to earn livelihood, illegal etc,.There has been no response from my ex-employer or their lawyer for this response to their legal notice. Now my lawyer advises that we should initiate a legal notice from our side and after a week or so, go ahead a file a case in the court claiming damages from my ex-employer for the irreparable damages caused due to the legal notice sent by them.
I am now unemployed looking out for a suitable opening but 'in principle' want to fight for my rights which have been shattered by their dastardly act of revenge and vendetta.
Please be advised that my new employer asked me to resign on the basis of this legal notice sent to our company head office in Europe.
Please advise. Also please do not hesitate to ask me questions if you have any
From India, Bangalore
I sincerely appreciate your inputs and respect the same.
As advised by your goodself, I have contacted a lawyer the past week and he has responded to the legal notice from my ex-employer with a 4 page rebuke stating why the legal notice is unconscionable, against public policy, against right to earn livelihood, illegal etc,.There has been no response from my ex-employer or their lawyer for this response to their legal notice. Now my lawyer advises that we should initiate a legal notice from our side and after a week or so, go ahead a file a case in the court claiming damages from my ex-employer for the irreparable damages caused due to the legal notice sent by them.
I am now unemployed looking out for a suitable opening but 'in principle' want to fight for my rights which have been shattered by their dastardly act of revenge and vendetta.
Please be advised that my new employer asked me to resign on the basis of this legal notice sent to our company head office in Europe.
Please advise. Also please do not hesitate to ask me questions if you have any
From India, Bangalore
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