Anonymous
Hi Everyone,

I was working in a Company, where I signed Mutual NDA(when I was a Student in a College) before I join to that Company. In that it was mentioned that, the agreement will be valid for 3 years. And I resigned that Company on October last year and I had to serve notice period of 2 months and after that joined the new Company last month. And I joined the new company which is kind of competitor in only one field. Just to be clear: the previous company was working on multiple fields and the new Company is focused in only one field.

Since I was inexperienced with the resigning: I said all truth to the management that I have got this and this opportunity, so I want to resign. After I resign, the management team forced me and harassed me to not join that company and they gave me a new non-compete bond to sign and told me that my relieving will not happen properly if I do not sign. I said I will not sign anything now and I was truthful that I will be joining that Company itself. And they messaged to the next Company that they must not take me otherwise they will make a big issue. So, finally I served the notice period of 2 months and resigned.

Next I joined the new Company(the same company which I said that I will be joining after resigned). And now they are saying that I have signed the NDA(before joining) and now joined the Competitor Company after we warned you and want to file a case on you.

My queries are:

1.) Do I have to worry on the same now?
2.) How to tackle this situation?
3.) Whether the NDA is void in India(in the court)?


Please give me some suggestions. Would be a great help from your side.


Thanks in advance!

From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management

Dear Member,

You don't have to worry. Check my following post on the ruling by the Delhi High Court:

https://www.citehr.com/571397-delhi-...n-compete.html

Thanks,

Dinesh Divekar

From India, Bangalore
Anonymous
Dear Dinesh Sir, First of all thank you very much for reading my message and replying to it. Means a lot!. Thanks a lot, Sir. So, I do not have to worry about the NDA also? Thanks
From India, Bengaluru
As, Dinesh-ji has said, read the judgement. A Non-Compete Agreement (which is different from NDA) is valid only under some very strict conditions, which don't apply to you. In all other cases, a Non-Compete that prevents you from joining another company is a violation of sec 27 of the Indian Contract Act.

NDA says you should not disclose confidential information of the previous company. As long as you are not stealing and using their confidential information like customer list, you are not at fault. The data carried over from the previous company does not apply in cases where the information is already in public domain or can be found through a google search (to give a simplistic view).

In fact, I know of a few cases, where the candidate has sent a cease and desist notice to the previous employer threatening to sue them for harassment if they don't stop trying to spoil the career by making baseless allegations. In those cases, it was supported by the employer and their lawyers issued the notice for the candidate. I don't know if you have such an option. But you can cross the bridge when it comes to it.

I suggest you speak to your new company's HR and your senior manager and keep them updated.

From India, Mumbai

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