Hello, I don't want to disclose my name in this forum. I am in big trouble, which is why I am seeking your suggestions. Here is my situation:
1. I joined a company with a 2-year agreement.
2. I left the organization within 3 months without any notice period due to my family.
3. In return, I asked for my salary because of the zero-day notice period.
4. During resignation, I told them the same reason with color. The actual reason was very shameful, and I didn't want to disclose it to anyone.
5. In the meantime, I lost my appointment letter and requested a copy of the document, but they didn't listen to my request.
6. I asked for an NDA copy, but they denied serving the copy.
7. Anyways, I left the job 3 months ago.
8. Last week, I received a legal notice from their legal team mentioning that I am in touch with their client. According to the NDA, I can't contact any clients of the organization, even though I am not in touch with the client.
9. The company is asking for 2,100,000 as compensation money, or I will have to be ready for jail.
After all this, I have consulted with 2 lawyers. One said it is a civil case, and the company is trying to harass you. Another lawyer said it is a criminal case.
Please help me and show me the path.
Thanks
From India, undefined
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1. I joined a company with a 2-year agreement.
2. I left the organization within 3 months without any notice period due to my family.
3. In return, I asked for my salary because of the zero-day notice period.
4. During resignation, I told them the same reason with color. The actual reason was very shameful, and I didn't want to disclose it to anyone.
5. In the meantime, I lost my appointment letter and requested a copy of the document, but they didn't listen to my request.
6. I asked for an NDA copy, but they denied serving the copy.
7. Anyways, I left the job 3 months ago.
8. Last week, I received a legal notice from their legal team mentioning that I am in touch with their client. According to the NDA, I can't contact any clients of the organization, even though I am not in touch with the client.
9. The company is asking for 2,100,000 as compensation money, or I will have to be ready for jail.
After all this, I have consulted with 2 lawyers. One said it is a civil case, and the company is trying to harass you. Another lawyer said it is a criminal case.
Please help me and show me the path.
Thanks
From India, undefined
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Dear friend, well, gentlemen, if you have contacted not only one but two professional lawyers, then what do members of this forum have to say? The information given is too inadequate to comment upon. In addition to this, your language is quite confusing. On one hand, you mention that you left without any notice, yet you claim to have received a salary from the company. Why do you think you are eligible for the salary? Has the company paid you for your last working day or not?
You have used the unusual phrase "same reason with color." What does it mean?
Nevertheless, two things stand out from your post. One is your sudden exit despite your agreement with the company, and the second is your alleged contact with the clients. The combined effect of these reasons seems to have led to a notice from the company with a substantial payout.
Members of this forum cannot assess what the compelling reasons were for quitting the job. However, a professional typically gives top priority to his/her career. Family issues may arise, but it is important to strike a balance with one's career. Family matters should not overshadow one's career.
Since you have sought advice from lawyers, determine with whom you can work well and consider hiring them if the need arises.
All the best!
Dinesh Divekar
From India, Bangalore
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8071You have used the unusual phrase "same reason with color." What does it mean?
Nevertheless, two things stand out from your post. One is your sudden exit despite your agreement with the company, and the second is your alleged contact with the clients. The combined effect of these reasons seems to have led to a notice from the company with a substantial payout.
Members of this forum cannot assess what the compelling reasons were for quitting the job. However, a professional typically gives top priority to his/her career. Family issues may arise, but it is important to strike a balance with one's career. Family matters should not overshadow one's career.
Since you have sought advice from lawyers, determine with whom you can work well and consider hiring them if the need arises.
All the best!
Dinesh Divekar
From India, Bangalore
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Maybe, I have not described enough. Kindly check my comments below:
1. I left the job without any reason, and because of this, I sacrificed my salary.
2. I used the phrase "same reason with color" to explain that my mom was ill but I informed my office that she was hospitalized.
From India, undefined
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1. I left the job without any reason, and because of this, I sacrificed my salary.
2. I used the phrase "same reason with color" to explain that my mom was ill but I informed my office that she was hospitalized.
From India, undefined
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You have admitted that you entered into an agreement with a company to serve them for a minimum period of 2 years, i.e., 24 months, after applying your mind. Strangely, you have lost the said agreement within 3 months. This reflects that you were not serious about your agreement and your consent signature in the said document. In the absence of the vital document to adjudicate, i.e., "Service Agreement," you have already met 2 lawyers. Now you are meeting a lot more to hear their opinion.
Your reason for leaving service is not legally tenable. Which month's salary and how much money is due to you? What do you mean by a zero notice period? Please note, when you entered into an agreement to serve for 2 years, it means you have to serve for 2 years. The question of the notice period arises after the completion of 2 years of service. What do you mean by "I have sacrificed my salary"? You have to sacrifice the amount as mentioned in the agreement for "Breach of Agreement."
Please walk in the path of honesty—reply to the notice which you have already received honestly. Why is the company claiming Rs 21 lakhs? On what grounds?
Please revert with all the details for further course of action.
From India, New Delhi
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Your reason for leaving service is not legally tenable. Which month's salary and how much money is due to you? What do you mean by a zero notice period? Please note, when you entered into an agreement to serve for 2 years, it means you have to serve for 2 years. The question of the notice period arises after the completion of 2 years of service. What do you mean by "I have sacrificed my salary"? You have to sacrifice the amount as mentioned in the agreement for "Breach of Agreement."
Please walk in the path of honesty—reply to the notice which you have already received honestly. Why is the company claiming Rs 21 lakhs? On what grounds?
Please revert with all the details for further course of action.
From India, New Delhi
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Dear X, though I feel sorry for your situation, it would be great if you describe your situation in points. From your words, please check below for my views:
1. You entered into a 24-month work agreement with an NDA, which binds you to that company and the corresponding agreement.
2. You left the job within 3 months with zero notice and no compensation, which is a breach of your employment contract.
3. You lost your contract and NDA and want the company to provide you with them, where you haven't maintained your employee responsibility. Though it can be respected as a matter of situation, the management will view it from a different angle. It shows that you were not serious about the legal binding you have and expected the company to serve you where you haven't.
4. You have received a legal notice from your previous employer quoting that you are attempting to join their competition against your NDA time limit. If you have not attempted to join or want to join, neither do you need the copy of the NDA (at least now) nor will you receive the legal notice.
The best suggestion from me would be:
1. Try to contact the HR department of your previous employer and settle the issue by providing sufficient true documents to prove the reason for you to quit. Either settle the compensation amount or get into an amicable settlement with the company and record it for your future requirements.
2. Don't try to breach your NDA if you had signed with the clause that "you won't join their competition for 'x' period."
3. It is better not to rub the wrong side of your ex-employer, having many weak zones at your end. A better option is to go for an amicable settlement.
Best of luck.
From India, Madras
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1. You entered into a 24-month work agreement with an NDA, which binds you to that company and the corresponding agreement.
2. You left the job within 3 months with zero notice and no compensation, which is a breach of your employment contract.
3. You lost your contract and NDA and want the company to provide you with them, where you haven't maintained your employee responsibility. Though it can be respected as a matter of situation, the management will view it from a different angle. It shows that you were not serious about the legal binding you have and expected the company to serve you where you haven't.
4. You have received a legal notice from your previous employer quoting that you are attempting to join their competition against your NDA time limit. If you have not attempted to join or want to join, neither do you need the copy of the NDA (at least now) nor will you receive the legal notice.
The best suggestion from me would be:
1. Try to contact the HR department of your previous employer and settle the issue by providing sufficient true documents to prove the reason for you to quit. Either settle the compensation amount or get into an amicable settlement with the company and record it for your future requirements.
2. Don't try to breach your NDA if you had signed with the clause that "you won't join their competition for 'x' period."
3. It is better not to rub the wrong side of your ex-employer, having many weak zones at your end. A better option is to go for an amicable settlement.
Best of luck.
From India, Madras
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Thank you for all the suggestions. They sent a notice with false allegations, claiming that I have stolen their client, which is completely untrue, and I have evidence to prove this. I would appreciate it if they could send me a notice regarding the NDA, as they have not mentioned a single word about it.
From India, undefined
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From India, undefined
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Dear Friend, let us talk about your case. There are lacunae at your end which I do not need to discuss as they are already mentioned.
1. The bond cannot be invoked by the company as any bond making an employee a bonded employee is not enforceable.
2. Your case is a civil matter; otherwise, the company would not have asked for compensation.
3. To advise you properly, the documents are required, which you say you have lost. Hence, whatever is advised is based on your statement, so the advice may be correct or may not be correct.
4. Please consult an advocate and send a reply to the company. The reply must emphatically deny the usurping of the client.
5. The company will definitely go to court. Make sure that you contest your matter properly.
From India, Thane
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1. The bond cannot be invoked by the company as any bond making an employee a bonded employee is not enforceable.
2. Your case is a civil matter; otherwise, the company would not have asked for compensation.
3. To advise you properly, the documents are required, which you say you have lost. Hence, whatever is advised is based on your statement, so the advice may be correct or may not be correct.
4. Please consult an advocate and send a reply to the company. The reply must emphatically deny the usurping of the client.
5. The company will definitely go to court. Make sure that you contest your matter properly.
From India, Thane
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Hello Bharat, thanks for the helpful suggestions. I have contacted the company, and they will discuss this matter with me in the coming week. My lawyer has already sent a polite reply to them.
You understand my point about "Civil or Criminal." My respected lawyer has assured me that it pertains to a "Money suitcase," which is a civil case. During my conversation with the company's lawyer, he did not seem concerned about the NDA; he only emphasized one thing – "MONEY." Therefore, the motive behind their actions is clear to me :)
Hope for the best.
From India, undefined
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You understand my point about "Civil or Criminal." My respected lawyer has assured me that it pertains to a "Money suitcase," which is a civil case. During my conversation with the company's lawyer, he did not seem concerned about the NDA; he only emphasized one thing – "MONEY." Therefore, the motive behind their actions is clear to me :)
Hope for the best.
From India, undefined
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Hello,
Usually, a company enters into a non-disclosure agreement (NDA) or a 2-year contract with freshers. I also believe you are a fresher. In most multinational corporations (MNCs), the contract amount ranges from 2 lakh to 3 lakh. I find it hard to believe that the company asked for 21 lakh. Unless this issue is resolved mutually, this case will continue.
Like other members, I also feel that the information provided is either untrue or partially disclosed.
Regards,
Aditi
From India, Bengaluru
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Usually, a company enters into a non-disclosure agreement (NDA) or a 2-year contract with freshers. I also believe you are a fresher. In most multinational corporations (MNCs), the contract amount ranges from 2 lakh to 3 lakh. I find it hard to believe that the company asked for 21 lakh. Unless this issue is resolved mutually, this case will continue.
Like other members, I also feel that the information provided is either untrue or partially disclosed.
Regards,
Aditi
From India, Bengaluru
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Legal Clarification on Negative Covenants in Employment Agreements.pdf