Saswatabanerjee
Partner - Risk Management
Ner535
Hr Manager
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Viswa1945@gmail.com
Production & Operations Management, Quality
+1 Other

Hello,
I am running my own recruitment firm , having 8 offices, in all across the country , I am having some vendors who are also working with me .
Now one of my employee (ex employee) and my vendor started partnership with another person, and now they are continuously approaching my clients and which we placed with our client or placed by my vendor and my ex employee.
What action should I take against them ,. Cz being a human I have already given verbal warning but they are not ready to listen . They said this is market , we will approach and you you can't anything.
4th September 2015 From India, Delhi
There are laws on theft of business data by persons holding confidential positions. Also you should have had a clause in your vendor agreements about this Speak to a lawyer and see what you can do.
4th September 2015 From India, Mumbai
I haven’t mentioned these terms upon any agreement or in appointment letter , Cz he joined recently and vendor was known to me .
4th September 2015 From India, Delhi
Well, I guess it's a lesson learned that you should put in such a clause.
There is not much you can do when you didn't have such terms in the agreement and when the person you are being betrayed by is "know to you"
Still consult a lawyer offer misuse of business secrets and see if there is anything that you can do about it.
5th September 2015 From India, Mumbai
Dear Sachin, I suggest you to file a case against your ex-employee having charges breach of trust consulting with your lawyer.
5th September 2015 From India, Gurdaspur
Hello Sachin,

Like Nathrao & Saswata Banerjee mentioned, you should have included Non solicitation clauses vis-a-vis your employees & vendors & I add AS WELL AS your clients.

Coming to handle this issue, collect evidence to crack the criminal charges whip against your ex-employee.

Check his official emails....hope you have access to them thru the servers.....generally such employees who have such criminal intent forward mails to others thru their official mail IDs. That would be proof enough to prove criminal intent & the extent of damage [for all you know some of your clients MAY also be on their list to poach later].

A couple of points for the future. In business, NEVER EVER make decisions 'thru the heart'. Use your head....especially when those you know are involved.

I recollect a small story here: "when someone who got betrayed asked the betrayer of the trust reposed on how he could he do it when he was trusted so much, the answer was: I could betray your trust only because you trusted me; if you didn't trust me, how can I manage to betray you at all?".

The Moral of the story being: Repose your trust after careful choices.

And like other members suggested, consult a lawyer ASAP to see if the damage is just what you know now OR is there something more coming later.....basically damage control.

All the Best.

Rgds,

TS
5th September 2015 From India, Hyderabad
#Anonymous
Right to earn and right to practice one's profession in a legal manner is a fundamental right. The market is not owned by you. Even multinational corporations like Microsoft were taught a lesson by various courts for practicing monopolies restrictive trade practices. Please understand, it's a free world and everyone has a right to do business. What matters is who is more effective. Am sorry, am being forthright, but the fact is, under what authority are you stating your ex employee must not do the business in the same line that you are in. Even if you add a restrictive clause in the letter, it will be thrown out, if it is legally contested. It is a clause which is not legally tenable. There are umpteen court judgements, both in India and abroad, that any restrictive clause must come with a compensation which must be equivalent to atleast what he can reasonably earn for the restrictive period. Please read the court cases of the COO of Titan starting Oyzterbay, or CEO of Adidas Indonesia joining Puma Hong Kong or the CEO of HP joining Oracle.

So, please accept the fact that it's an open market and plan your strategies accordingly.
5th October 2015 From Indonesia, Jakarta
I do not think you can do much in the present case. However for future appointments in your office lay down confidentiality clause and penalty if the same is not upheld. When you introduce this clause words are very important;they have to be legal words. Consult a lawyer in this line to draft a standard appointment letter.
6th October 2015 From India, Hyderabad
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