Dear seniors,
This concern of me is kind of related to double employment issue but i was not able to find a suitable thread for this and so i have started my own.
So this is how it started, Im working in a consulting firm for almost 5yrs and a year back since the income is not enough and i wanted to something more i tried starting my own company and got it registered and took domain name etc and planned to resign from current company also. I did the company registration and other formalities when i was working with current company only. the kind of company i planned to start was with software development, consulting and training and development activities. So when the registration and everything is done and when i wanted to resign, there was a problem of couple of our clients defaulted the payment and that became an issue and i was asked to pay the money of 2L incentives which i got from the company for the closures i did with those clients. my company said they will not give me any of my documents if i dont pay them back which i was not able to pay and the same time the money we expected to start the company also didnt materialized so i have dropped the plan of starting the company also and i have to stay back with the current company till they payment is materialized as my company have filed a case against the clients who defaulted the payment. so things were going like this and i was really not happy by this kind of act from employer and when i checked with everyone, they said its not my problem and my employer is illegally pinning it on me and i felt so helpless and i have stopped performing with the company over 6 months that is from april 13.
They reason i was not working is also like i got all very small time reqs which i felt insulting to me, so i started to find my own clients which im authorized to do on my own, also i was not getting any proper support from internal team to get clients, so i what i did is that i posted a freelancing business development position to help me out and i did it with the id which i created in linkedin for the other company thinking that i will get more response if its from a employer directly, now somehow my current company came to know abt this and they fired me couple of days back. stating that i have worked on two companies and i have worked for my company using my current companies resources. actually no such thing has happened. the company i registered is in a dormant stage no website, no ids, no bank accounts no employees apart from me and my other partner, no clients, no work has been done and literally nothing is there in that except its being registered.
But the thing is its not a matter of double employment as well, actually apart from registering as i told above i have not done any work or any transaction with the company i registered in fact the domain name and other things got already expired as well.
I dnt want to work in my current company anymore as they think that i have done something wrong, frankly speaking i was loyal and im still to my current company. so i can not face any one there now. all i wanted to know is if my company can file a case against me for this or not.
Plz seniors enlighten me im ready to answer all your questions honestly, kindly help me.
thanks in advance for helping me out
From India, Bangalore
This concern of me is kind of related to double employment issue but i was not able to find a suitable thread for this and so i have started my own.
So this is how it started, Im working in a consulting firm for almost 5yrs and a year back since the income is not enough and i wanted to something more i tried starting my own company and got it registered and took domain name etc and planned to resign from current company also. I did the company registration and other formalities when i was working with current company only. the kind of company i planned to start was with software development, consulting and training and development activities. So when the registration and everything is done and when i wanted to resign, there was a problem of couple of our clients defaulted the payment and that became an issue and i was asked to pay the money of 2L incentives which i got from the company for the closures i did with those clients. my company said they will not give me any of my documents if i dont pay them back which i was not able to pay and the same time the money we expected to start the company also didnt materialized so i have dropped the plan of starting the company also and i have to stay back with the current company till they payment is materialized as my company have filed a case against the clients who defaulted the payment. so things were going like this and i was really not happy by this kind of act from employer and when i checked with everyone, they said its not my problem and my employer is illegally pinning it on me and i felt so helpless and i have stopped performing with the company over 6 months that is from april 13.
They reason i was not working is also like i got all very small time reqs which i felt insulting to me, so i started to find my own clients which im authorized to do on my own, also i was not getting any proper support from internal team to get clients, so i what i did is that i posted a freelancing business development position to help me out and i did it with the id which i created in linkedin for the other company thinking that i will get more response if its from a employer directly, now somehow my current company came to know abt this and they fired me couple of days back. stating that i have worked on two companies and i have worked for my company using my current companies resources. actually no such thing has happened. the company i registered is in a dormant stage no website, no ids, no bank accounts no employees apart from me and my other partner, no clients, no work has been done and literally nothing is there in that except its being registered.
But the thing is its not a matter of double employment as well, actually apart from registering as i told above i have not done any work or any transaction with the company i registered in fact the domain name and other things got already expired as well.
I dnt want to work in my current company anymore as they think that i have done something wrong, frankly speaking i was loyal and im still to my current company. so i can not face any one there now. all i wanted to know is if my company can file a case against me for this or not.
Plz seniors enlighten me im ready to answer all your questions honestly, kindly help me.
thanks in advance for helping me out
From India, Bangalore
Hi Priya !
Despite the request being made to Seniors I'm hereby attempting to suggest something here. Hopefully Senior members here will be here guiding us for next course of action. Meanwhile here is what I can suggest.
First of all, just take a deap breath and chillax. What you have done is quite normal. Let me tell you what would have actually happened. Due to defaults, company was quite in desperate mode to make good the defaults made by the clients. So in such situations, the first target is the person who sealed it. Definitely top brasses won't be facing the axes over this and first victim is sales or deal-clincher. In your case it was you. So they asked you to return back the incentive or stay back so that they can recover somehow that money. Then over the period they found a website etc.and blamed you for the dual employment.
Well I have 'n' number of ways to go around it but being a public forum I certainly can't suggest out here.
They have fired you and I presume you have already exited that company amicably or would be exiting very shortly.
Your actual concern seems to be "If they can file a case against you?" Lets keep certain things clear here. Cases are not filed just like that. There's due process of law. As per what has been told here, your company is already in bad shape with debtors defaulting and thus should not be capable to take on another law suit. Frankly speaking I am expecting not more than 10% chances (unless facts changes). At max if they feel like of anything, they will simply be serving a legal notice. Just contact some good lawyer for reverting on it.
At last, once again I would say, simply chillax. It happens almost on daily basis. You were made scapegoat of it and are being made to feel guilty unnecessarily. As long as you did no wrong, there's nothing this Employer can do to you.
From India, Gurgaon
36Despite the request being made to Seniors I'm hereby attempting to suggest something here. Hopefully Senior members here will be here guiding us for next course of action. Meanwhile here is what I can suggest.
First of all, just take a deap breath and chillax. What you have done is quite normal. Let me tell you what would have actually happened. Due to defaults, company was quite in desperate mode to make good the defaults made by the clients. So in such situations, the first target is the person who sealed it. Definitely top brasses won't be facing the axes over this and first victim is sales or deal-clincher. In your case it was you. So they asked you to return back the incentive or stay back so that they can recover somehow that money. Then over the period they found a website etc.and blamed you for the dual employment.
Well I have 'n' number of ways to go around it but being a public forum I certainly can't suggest out here.
They have fired you and I presume you have already exited that company amicably or would be exiting very shortly.
Your actual concern seems to be "If they can file a case against you?" Lets keep certain things clear here. Cases are not filed just like that. There's due process of law. As per what has been told here, your company is already in bad shape with debtors defaulting and thus should not be capable to take on another law suit. Frankly speaking I am expecting not more than 10% chances (unless facts changes). At max if they feel like of anything, they will simply be serving a legal notice. Just contact some good lawyer for reverting on it.
At last, once again I would say, simply chillax. It happens almost on daily basis. You were made scapegoat of it and are being made to feel guilty unnecessarily. As long as you did no wrong, there's nothing this Employer can do to you.
From India, Gurgaon
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Enforcement of negative covenants in employment terms.pdf