My employer forced me into resignation. The full and final settlement was done only after numerous reminders. I was also made to sign an affidavit stating that I won't leak sensitive company information to competitive firms. I have joined a competitive firm. The ex-employer has issued a legal notice putting charges of:
1. Extortion: that I threatened him on a call, made illegal demands to pay me or else suffer consequences.
2. Leakage of sensitive information to a client.
For the charges, he has no proof as I never indulged in such activities. He has threatened me with the police and legal action unless I apologize. I shall not apologize as I never did such activities. What should I do?
From India, Delhi
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1. Extortion: that I threatened him on a call, made illegal demands to pay me or else suffer consequences.
2. Leakage of sensitive information to a client.
For the charges, he has no proof as I never indulged in such activities. He has threatened me with the police and legal action unless I apologize. I shall not apologize as I never did such activities. What should I do?
From India, Delhi
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Hire an advocate and give a reply. Do not get into any direct conversation, phone calls, or letter writing to the ex-employer without a lawyer vetting the letter. No one can prove a lie. Be calm but take prompt action to repudiate such allegations. Keep your present company in the loop. If you have not made any extortion calls, why is the ex-employer alleging something that cannot be proved? Has the ex-employer specified what information you have allegedly leaked? Why were you forced to resign?
From India, Pune
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3180From India, Pune
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Legal Implications After Leaving an Organization
Since you have already left the old organization, they cannot charge you for professional misconduct (such as threatening and leaking data) under labor laws. However, they can file a criminal case if they choose to. The effectiveness of such a case is another issue. According to the Supreme Court, you cannot be stopped from joining a competitive firm once you resign.
Since the ex-company has issued you a letter with serious charges that could put you in trouble, it is important to reply to the letter through an advocate immediately.
Check out my blog at www.labourlawhub.com.
Regards
From India, Kolkata
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Since you have already left the old organization, they cannot charge you for professional misconduct (such as threatening and leaking data) under labor laws. However, they can file a criminal case if they choose to. The effectiveness of such a case is another issue. According to the Supreme Court, you cannot be stopped from joining a competitive firm once you resign.
Since the ex-company has issued you a letter with serious charges that could put you in trouble, it is important to reply to the letter through an advocate immediately.
Check out my blog at www.labourlawhub.com.
Regards
From India, Kolkata
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@NathRao, the employer had malicious intentions because he instructed me to resign immediately, threatening termination otherwise. The allegations are of theft of sensitive information, made six months after I left the company. He lacks evidence to support these allegations as I never engaged in such activities. The legal notice was issued out of his insecurity regarding my employment with a competitor.
From India, Delhi
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From India, Delhi
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