Feeling Trapped by Employer's Threats: How Can My Friend Protect His Career?

Hi, my friend joined a company as a fresher and found himself alone in the design field. He expected more employees but realized he was the only one. Without guidance on his designs, he felt there was nothing to learn and resigned on the fifth day.

On the first day, the employer gave him an agreement to sign, which he did immediately. The agreement stated that after leaving the company, he could not engage in similar work for two years elsewhere. It also mentioned that the employer could terminate him with a one-week notice, but it did not specify any notice period for the employee.

A few days later, the employer demanded he sign a non-disclosure agreement, threatening to inform similar companies that my friend had copied company data and seen confidential information. They threatened to inform other companies not to hire him and to file a case against him, potentially ruining his career.

Please suggest what steps he should take.

Validity of Non-Compete Agreements in India

An agreement of this kind is not valid in India. No agreement can stop you from leaving the company and even joining a competitor company.

Immediate Action Against Threats

Since the employer is threatening the employee with charges of data theft, it is mandatory to report the issue immediately to the police station. Clearly state that since you have tendered your resignation, your employer is wrongly threatening to press charges of data theft to hold you. Whoever (you or the employer) lodges a complaint with the police station first will have an advantage if charges of theft are leveled.

Steps to Take

Simply send a resignation letter through registered post (if you have not already) and also tell your employer not to threaten you with data theft illegally. If required, and I advise, you can get this letter drafted by a competent lawyer.

Regards,
[Username]

Sir, nowhere is it written in the agreement that my friend needs to sign a non-disclosure agreement after resignation. However, I have proof of his voice samples when he was blackmailing or threatening him.

Sir, nowhere is it written in the agreement that my friend needs to sign a non-disclosure agreement after resignation. I have a voice recording of him threatening me. Kindly advise.

Kindly instruct your friend to submit the resignation letter through registered post with acknowledgment due, and let him preserve the acknowledgment copy. He can also inform the employer that the voice calls he is making and receiving are being recorded with time and date, which can be presented to the police and even to the court of law. (Whether he has these recordings or not is immaterial; just let him add this line.) This will likely instill fear in them to prevent any illegal action.

If they call him personally, he should go, and if he feels something is amiss, he can state that he informed his lawyer before coming. As per the lawyer's instruction, he is present, and if the company permits, he will call the lawyer to discuss with the management or HR personnel. Additionally, he can mention that his movements are being tracked by his lawyer whenever he receives a call from the employer.

Regards,
[username]

I still believe that the company can bring criminal charges against you for data theft to harass you. Therefore, as a precautionary measure, lodge a complaint at the police station stating that the company is threatening you with filing a false case against you. If you wish, you can also send a copy of the complaint to the company.

The employer is pressuring my friend to sign a non-disclosure agreement, threatening to file a lawsuit if they refuse. The agreement does not specify whether my friend must sign it before or after resignation. Can you please provide guidance on this issue?

Sir, the employer is forcing my friend to sign a non-disclosure agreement either before or after resignation. Otherwise, he will file a case. Sir, kindly advise.

Yesterday, the employer called and was forcing me to sign a non-disclosure agreement. He threatened to file a case if I did not comply. Nowhere in the employment agreement does it state that my friend needs to sign it. Kindly provide advice.

Firstly, be clear whether the incident is yours or your friend's. From your posting, it seems the "friend" is actually you. Secondly, I fail to understand why, if your friend is a fresher and there are few or no employees in the organization, the management is so desperate to have you sign the non-disclosure agreement. In my 10 years of experience, I have never seen management running after a fresher to get a document signed.

However, if that is the case, then don't worry. According to the law, no one can force you to work or stay in a company against your wishes. Simply send a notice to the employer from the labor law office, and everything will fall into place.

Please let me know if you need any further assistance.

Best regards,
[Your Name]