Is My Old Freelance Website a Conflict of Interest? Seeking Advice on Possible FIR Filing

A couple of years back, I completed a project as a freelancer and then created a website showcasing myself as a freelancer. However, since then, I have moved on and joined various companies.

In my current company, the manager discovered this website and reported it to the CEO as a conflict of interest. The CEO is now planning to file a First Information Report (FIR).

Please advise if this action is justified, as I have not taken on any freelancing jobs while working for the company.

Please explain this to your CEO. Anything on the web will survive for almost forever. You cannot be penalized for work that you have done earlier. As a CEO of a software company, he should be smart enough to understand this and the game played by your manager. The problem with certain companies is that they try to own the employee rather than his services and contributions.

Warm regards.

You have not committed any cognizable offense, and therefore, your CEO cannot file an FIR against you. You have not taken any freelancing job while working with the company, so you need not worry. As suggested by our Super Moderator Raj Kumar ji, you are advised to explain these facts to your CEO.

I thank you for your reply. They have given me a suspension notice and have asked me to cooperate while the internal investigation is completed. Until then, I am not allowed to go to the office or take any other work or job with another company.

Steps to Address Workplace Harassment

File an FIR against the company for mentally harassing you, and report the matter to the Labour Commissioner to clarify all the facts. Additionally, if possible, please contact the website owner and have their statement acknowledged by the Labour Commissioner and the Police Station, confirming that you performed the work before joining the organization. Also, file for compensation.

I am sorry to know about the suspension notice issued to you. You need to approach a good advocate with all the documents, facts, and figures. Please approach an advocate who knows cyber law as well.

Suspension Notice Details

What is written in the suspension notice? What reason is given in this notice? Is it a suspension pending enquiry? It should be a suspension pending enquiry.

Hope you have not renewed the website/domain etc. during the tenure of your employment. If that is so, according to me, it is not a serious issue.

Regards.

Thank you for the reply. The fact is that I am the owner of the website; it was created in 2011, and I had mentioned my freelancing services on it. However, when I got a good job in an MNC that year, I did not pursue any further freelancing work. After working with that MNC until September 2013, I joined my current organization. To date, I have not engaged in any freelancing work; the website has been maintained, with domain renewals.

When I joined the current organization, they did not have their portal set up and needed to present output to the client. I offered to host it on my domain and sent an email to the manager with the link. The manager then forwarded this link to the client as well.

Regards

Thank you for the reply; I am happy for the support I am receiving from you. I have approached a good lawyer and given the facts. Even the lawyer is of the opinion that I have not done anything wrong. The suspension order states that until the internal inquiry is completed, I must not undertake any new job or work.

Regards,

Show Cause Notice and Legal Options

Today, during the meeting, the EVP - HR issued me a show cause notice with the same points that were discussed during the interrogation conducted by the third-party audit team. I need to respond to it within 5 working days. While my lawyer is helping me draft a reply, I would appreciate hearing your thoughts.

Legal Options and Company Actions

What legal options are available to me in this situation? Is it acceptable for a company to act in this manner and withhold salary payments?

The EVP informed me that the final decision will be based on my response to the show cause notice. Due to potential financial implications, my salary is being withheld; however, verbally, I have been given permission to pursue freelance work.

Your input would be greatly appreciated.

Attribution: https://www.citehr.com/private.php?d...#ixzz33DCyPkgL

Here is the verbatim used in the notice. It has been ascertained that you have been involved with the following:

1. Engaging in activities which are in conflict of interest with company business.
2. Soliciting business while employed with the company.
3. Misuse of company assets and resources for purposes not related to your work.
4. Unauthorized sharing of proprietary data.
5. Carrying out business deals while employed with the company.