Hello,
Can an employer take legal action against an employee for joining the client location? Keeping in mind the current market situation and company's situation, are these clauses valid?
My counters for the above statements are as follows:
1. What if the employer terminates/releases the employee for not having enough projects?
2. What if the employee has been on the bench for the past 8 months?
3. What if the employer is changing the company policies as per the current market situation?
4. Why stay with an employer who can lay off at any point in time?
Please, can anyone suggest whether the above statements are valid if such a situation arises, or can the employer still take legal actions? What are the extreme consequences?
Thank you,
Maddy
From India, Hyderabad
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Can an employer take legal action against an employee for joining the client location? Keeping in mind the current market situation and company's situation, are these clauses valid?
My counters for the above statements are as follows:
1. What if the employer terminates/releases the employee for not having enough projects?
2. What if the employee has been on the bench for the past 8 months?
3. What if the employer is changing the company policies as per the current market situation?
4. Why stay with an employer who can lay off at any point in time?
Please, can anyone suggest whether the above statements are valid if such a situation arises, or can the employer still take legal actions? What are the extreme consequences?
Thank you,
Maddy
From India, Hyderabad
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Thank you for the reply, and sorry for not being specific. Here it goes: while I was joining my current employer, there was a clause in the documents stating that I cannot join any client company of the current employer for 2 years after leaving the organization. However, I have been on the bench (without any work, i.e., non-billable) for the past 6 months. If the company decides to lay off non-billable employees, I might also be on the list.
The company has already sent employees home, stating that only 50% of the basic salary would be paid until a project is allocated to them; otherwise, after 6 months, employees would be asked to leave the organization. Currently, I am not being asked to go home, but I anticipate that I will also be asked to leave if the company does not secure enough projects.
In this crisis situation, does the clause ("cannot join the organization for 2 years") have any implications if I shift to a client company? Please advise.
From India, Hyderabad
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The company has already sent employees home, stating that only 50% of the basic salary would be paid until a project is allocated to them; otherwise, after 6 months, employees would be asked to leave the organization. Currently, I am not being asked to go home, but I anticipate that I will also be asked to leave if the company does not secure enough projects.
In this crisis situation, does the clause ("cannot join the organization for 2 years") have any implications if I shift to a client company? Please advise.
From India, Hyderabad
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