How Do I Draft a Legal Notice for an Ex-Employee Who Broke Their Service Agreement?

Hi,

I am a new member, and therefore, in case my query appears to be the one which has been answered earliest, then I would request the appropriate links for the answer. I have been asked by my company to prepare a legal notice for serving upon an ex-employee who left the company abruptly for a better salary offered by a competitor company within the period of agreement. The appointment letter contains a covenant that the employee will not undertake any assignment for a period of 2 years following the termination of the current agreement/assignment. The clause further states that non-compliance will attract legal action.

This particular employee has left the company for a better salary with a competitor company. It is requested that a format of a legal notice be provided which may not be set aside by the courts for being void and not legally tenable.

Thanks

Dear Seema,

The appointment letter issued by your company is itself illegal, as it states that the employee will not undertake any assignment for a period of two years following the termination of the current agreement/assignment. This clause is illegal. How can one draft a legal notice that may not be set aside by the court for being void?

Regards,
J. S. Malik

Thanks for your reply. But if we see this from the company's viewpoint, then you will appreciate that the company has spent its time and resources on training this employee. Additionally, the company has shared confidential information regarding the technical procedures and processes. After gaining sufficient experience, the employee intentionally left the company, causing not only the loss of valuable manpower but also using the closely guarded information to the company's disadvantage for personal gain. I believe that just as an individual has rights, the company also has the right to be protected against such employee conduct, which in itself goes against public policy.

Regards,
Seemaa

Dear Seema,

Please inform your company about the illegal forced labor terms, and you cannot send a legal notice to him. However, you can send a legal notice to him on behalf of double employment, which is illegal. There should be a resignation received from the employee, and the employee should inform the clients about his resignation and leaving from the organization.

You should submit the appointment letter (previous one) and also attach the revised one which your organization displayed at the notice board, stating about the resignation and termination that should bear a one-month notice period. The employee is now in an unsafe condition, and you can submit a petition in the court.

Hi,

How are you? Please find the attached file.

Employees leaving is business as usual, and the restrictions in your letter of appointment itself are not legal. (As such, is the entire letter of appointment void?) Why would a company try to pursue legal action against a former employee for joining a competitor? What is the public relations impact of such actions? Will the company be able to attract new employees if it is seen as limiting people's careers from the employees' point of view? Notice periods are important but can be challenging to enforce, which may be different in India.

PF Withdrawal is going hi-tech.

The EPFO will bring down the claim settlement period from 30 days to 7 days by November this year, and all the offices will be computerized. Members will be able to view all the information online. This service will be available anytime, anywhere. The member has to provide prerequisite information so that EPFO can clear their claims.

All the best to all.

Dear Seema,

Don't over panic. Let that person live freely because we are Indians; he/she can work anywhere at any time without any restrictions. And also, why did that person leave your company? Was it solely because of salary? If you insist on doing so, this will not happen. In short, "Others envy somebody's pride."

Regards,

Linnan

Dear,

Chasing him or initiating action would be required if he has taken confidential information of your company and is using it, which may not be worthwhile. In such matters, you should consult a local lawyer.

VS Rajan Associates

Dear All,

Thank you for your varied responses. However, with due respect, I have not liked the manner in which I received a reply from Sunilkmani. I think you need to change your attitude towards your company. Perhaps you have had a bad experience with your previous organization, but one cannot generalize for all companies. To a certain extent, everyone is selfish and should prioritize their own interests. If one is facing challenges in an organization due to management's attitude, one should address it and make the management aware of the consequences. If the management remains inflexible, one is free to pursue what is in their best interest. Perhaps I have not encountered such a situation. Anyway, I thank you all for your valuable feedback.

Dear SunilKmani,

Please stop giving your suggestions that result in zero gravity about the question asked. You should not behave like a child; you should be mature. I agree with Seema; please change your attitude. Seema, don't worry, this happens sometimes when a smart person is surrounded by so many foolish people.

Best Regards,
Sajid Ansari - Delhi

Is a relieving letter compulsory to be given to the employee who has resigned without notice?

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