I have previously worked for the same client with whom I'm currently working in my new organization. My new company doesn't have any problem with this, nor does my client. However, my previous employer has come to know through some source and has sent me a notice stating "Notice on Violation of Post-Employment Obligation." Without knowing much about the NDA, I signed the document when I was leaving the previous organization. Now, they have sent me a notice claiming that I have breached the NDA, and they will proceed with a legal notice within 5 days if no justification is provided.
What should I reply to them? Or should I ignore the notice?
From India, Hyderabad
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What should I reply to them? Or should I ignore the notice?
From India, Hyderabad
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You must never ignore a notice. Also, without reading your agreement, one cannot comment on legalities. But generally, there are many things that control the limits of restraints they put on you post-employment.
Legal Precedents on Employment Restraints
See this:
"An agreement to restrain a servant from competing with the employer after the termination of employment may not be allowed by Court. In Brahmaputra Company Limited versus Scarth, an attempt was made to restrain a servant from competing for 5 years after the period of service; the court disallowed it.
The Supreme Court again laid down in Suprintendance Company of India vs. Krishna Murugan, restraint beyond the terms of service would be prima facie void, and the only ground on which it could be justified is by bringing it within the scope of the exception, that is, by showing that it is necessary for the protection of the employer’s goodwill. The court also pointed out that even if such restraint is valid, it will only apply after the expiry of the term in its natural course and not when the employee is wrongfully dismissed earlier."
See full here Things To Remember While Drafting A Valid Employment Contract
From India, Kolkata
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180Legal Precedents on Employment Restraints
See this:
"An agreement to restrain a servant from competing with the employer after the termination of employment may not be allowed by Court. In Brahmaputra Company Limited versus Scarth, an attempt was made to restrain a servant from competing for 5 years after the period of service; the court disallowed it.
The Supreme Court again laid down in Suprintendance Company of India vs. Krishna Murugan, restraint beyond the terms of service would be prima facie void, and the only ground on which it could be justified is by bringing it within the scope of the exception, that is, by showing that it is necessary for the protection of the employer’s goodwill. The court also pointed out that even if such restraint is valid, it will only apply after the expiry of the term in its natural course and not when the employee is wrongfully dismissed earlier."
See full here Things To Remember While Drafting A Valid Employment Contract
From India, Kolkata
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If i reply to the notice should i agree that i’m working with the same client and competitor?
From India, Hyderabad
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From India, Hyderabad
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Resignation and Reassignment to the Same Project
I want to mention that I resigned from my previous employer because they were firing employees. Additionally, the project I worked on was almost completed, and they informed us that it had been given to another vendor. When I started looking for a new job, I received an offer without knowing that I would be working for the same client. However, my current employer and the client were aware of this and placed me on the same project again. Without much knowledge about the NDA, I began working on this project.
Current Situation and Employer's Response
Now, when I asked my employer for support, they are not willing to help me because the previous organization did not mention any organization name. The client is asking me to leave and wait for further instructions to respond.
From India, Hyderabad
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I want to mention that I resigned from my previous employer because they were firing employees. Additionally, the project I worked on was almost completed, and they informed us that it had been given to another vendor. When I started looking for a new job, I received an offer without knowing that I would be working for the same client. However, my current employer and the client were aware of this and placed me on the same project again. Without much knowledge about the NDA, I began working on this project.
Current Situation and Employer's Response
Now, when I asked my employer for support, they are not willing to help me because the previous organization did not mention any organization name. The client is asking me to leave and wait for further instructions to respond.
From India, Hyderabad
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Please contact a good advocate immediately who deals exclusively in service matters.
Here, you have already hijacked the client of your previous company, which is ethically and morally wrong. If you have signed an NDA without reading it, it is not going to help you because it will be presumed to have been read.
From India, Thane
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Here, you have already hijacked the client of your previous company, which is ethically and morally wrong. If you have signed an NDA without reading it, it is not going to help you because it will be presumed to have been read.
From India, Thane
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