Hi,
Sir, my friend joined a company. He was a fresher and alone in this company. When he joined, he thought there must be more employees. But he was alone because he was in the designed field. Nobody to correct his design, what was wrong, or how to correct. After 5 days of joining, he felt that there was nothing to learn there. So, he resigned on the 5th day because my friend was a fresher.
On the very first day, the employer gave him an agreement copy to sign. My friend signed it at the same time. In it, it was written that after leaving the company, he cannot do the same type of work for two years in any place. The agreement clearly stated that the employer can terminate him with a notice period of one week. It was not written for the employee's notice period for the employer.
After a few days, the employer is asking him to sign a non-disclosure agreement; otherwise, he is threatening that he will inform all types of the same company that my friend has copied company data from the PC and that the company showed confidential data to him. The company will inform the other companies not to hire him. The company is blackmailing him, stating that they will file a case against my friend and ruin his career.
Sir, please suggest.
From India, New%20Delhi
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Sir, my friend joined a company. He was a fresher and alone in this company. When he joined, he thought there must be more employees. But he was alone because he was in the designed field. Nobody to correct his design, what was wrong, or how to correct. After 5 days of joining, he felt that there was nothing to learn there. So, he resigned on the 5th day because my friend was a fresher.
On the very first day, the employer gave him an agreement copy to sign. My friend signed it at the same time. In it, it was written that after leaving the company, he cannot do the same type of work for two years in any place. The agreement clearly stated that the employer can terminate him with a notice period of one week. It was not written for the employee's notice period for the employer.
After a few days, the employer is asking him to sign a non-disclosure agreement; otherwise, he is threatening that he will inform all types of the same company that my friend has copied company data from the PC and that the company showed confidential data to him. The company will inform the other companies not to hire him. The company is blackmailing him, stating that they will file a case against my friend and ruin his career.
Sir, please suggest.
From India, New%20Delhi
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Agreement of this kind is not valid in India. No agreement can stop you from leaving the company and even joining a competitor company.
Since the employer is threatening the employee with charges of theft of data, it is mandatory to report the issue IMMEDIATELY to the police station, stating clearly that since you have tendered resignation, your employer is wrongly threatening to put charges of data theft to hold you. Whoever (you or the employer) lodges a complaint before the police station first will have an advantage if charges of theft are leveled.
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.
From India, Kolkata
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247Since the employer is threatening the employee with charges of theft of data, it is mandatory to report the issue IMMEDIATELY to the police station, stating clearly that since you have tendered resignation, your employer is wrongly threatening to put charges of data theft to hold you. Whoever (you or the employer) lodges a complaint before the police station first will have an advantage if charges of theft are leveled.
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.
From India, Kolkata
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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.
From India, New%20Delhi
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From India, New%20Delhi
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Sir, nowhere is written in agreement that my friend need to non disclosure agreement after resignation, sir I have voice recording when he was threatening.. kindly advice
From India, New%20Delhi
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From India, New%20Delhi
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Dear Rakesh,
Kindly instruct your friend to submit the resignation letter through Registered Post with acknowledgment due and let him preserve the acknowledgment copy with him. Even he can inform the employer that the voice calls, whatever he is doing and receiving, are getting recorded with time and date, which can be produced to the Police and even to the Court of Law. (Whether he has or not is immaterial, just let him add this line.) Obviously, they will have fear in their mind to take any illegal action.
If they call him personally, then let him go, and whenever he feels fishy, then he can tell that before coming here he informed his lawyer and as per the lawyer's instruction, he came here and if the company permits, he will call the lawyer for having the discussion with the Management/HR People. Further, he can tell that his movements are being tracked by his lawyer as and when he received the call from the employer.
From India, Kumbakonam
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Kindly instruct your friend to submit the resignation letter through Registered Post with acknowledgment due and let him preserve the acknowledgment copy with him. Even he can inform the employer that the voice calls, whatever he is doing and receiving, are getting recorded with time and date, which can be produced to the Police and even to the Court of Law. (Whether he has or not is immaterial, just let him add this line.) Obviously, they will have fear in their mind to take any illegal action.
If they call him personally, then let him go, and whenever he feels fishy, then he can tell that before coming here he informed his lawyer and as per the lawyer's instruction, he came here and if the company permits, he will call the lawyer for having the discussion with the Management/HR People. Further, he can tell that his movements are being tracked by his lawyer as and when he received the call from the employer.
From India, Kumbakonam
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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.
From India, Kolkata
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From India, Kolkata
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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?
From India, New%20Delhi
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From India, New%20Delhi
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Sir employer is forcing my friend that my friend need to sign non disclosure agreement after resignation or before, otherwise he will file case, sir kindly advice
From India, New%20Delhi
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From India, New%20Delhi
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yesterday employer called up and forcing to sign non disclosure agreement, he told otherwise file the case. nowhere in employment agreement written my friend needs to sign it. kindly give advice.
From India, New%20Delhi
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From India, New%20Delhi
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The tone and tenor of the postings suggest that the person involved is not your friend, but yourself.
From India, Kochi
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From India, Kochi
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Dear Rakesh,
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]
From India, Gurgaon
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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]
From India, Gurgaon
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Non Disclosure Agreement Format--ref CiteHR.doc
Resignation Letter.jpg