Dear All Seniors,
Seeking for your help !!
I was working with a Eye hospital as a Lobby Incharge for almost 3 years and have left the same last year Dec'2020 & have joined another Eye hospital as Operation Manager, now my previous employer has sent a mediation letter asking for liquidation damages saying that i was not supposed to join in competition & also i am reveling trade secret of them.
I have put resignation on mail, the HR dept. has accepted, F&F done reliving letter issued, the exit was done i smooth manner, now to my surprise i have received court letter after 1+ year of relieving from last company
The appointment letter have clause mentioned as below and they are referring the same in court.
"That During the period of your engagement, it is expected and it needless to say that all or any information data and or Hospital secrets regarding its working, business, affairs' which you may come to know by virtue of being an employee of the hospital, will be maintained by you in strict confidentiality and in strict secrecy. Either during the tenure of your engagement/association with the hospital, for any reason whatsoever, you will not divulge either by word of mouth or by any other way or means, any information relating to the hospital, its working business and affairs which can be detrimental to the interest, business, working and or repute, reputation of the hospital.
Further in order to uphold the secrecy of norms, business and affairs of the hospital you undertake and agree not to join/ get associated either as an employee or in any other capacity any competitor of our hospital or any entity/ hospital which may be in direct or indirect business in which our hospital is involved.
breach of any terms of this clause will male you liable for payment of damages to our hospital of an amount not exceeding the amount of your one year salary with our hospital, which will be recovered from you as liquidated damages besides taking appropriate legal action against you for breach of the terms of the contract of engagement"
Now i am looking for your help, further guide me what should i do
Thanks.
From India, Delhi
Seeking for your help !!
I was working with a Eye hospital as a Lobby Incharge for almost 3 years and have left the same last year Dec'2020 & have joined another Eye hospital as Operation Manager, now my previous employer has sent a mediation letter asking for liquidation damages saying that i was not supposed to join in competition & also i am reveling trade secret of them.
I have put resignation on mail, the HR dept. has accepted, F&F done reliving letter issued, the exit was done i smooth manner, now to my surprise i have received court letter after 1+ year of relieving from last company
The appointment letter have clause mentioned as below and they are referring the same in court.
"That During the period of your engagement, it is expected and it needless to say that all or any information data and or Hospital secrets regarding its working, business, affairs' which you may come to know by virtue of being an employee of the hospital, will be maintained by you in strict confidentiality and in strict secrecy. Either during the tenure of your engagement/association with the hospital, for any reason whatsoever, you will not divulge either by word of mouth or by any other way or means, any information relating to the hospital, its working business and affairs which can be detrimental to the interest, business, working and or repute, reputation of the hospital.
Further in order to uphold the secrecy of norms, business and affairs of the hospital you undertake and agree not to join/ get associated either as an employee or in any other capacity any competitor of our hospital or any entity/ hospital which may be in direct or indirect business in which our hospital is involved.
breach of any terms of this clause will male you liable for payment of damages to our hospital of an amount not exceeding the amount of your one year salary with our hospital, which will be recovered from you as liquidated damages besides taking appropriate legal action against you for breach of the terms of the contract of engagement"
Now i am looking for your help, further guide me what should i do
Thanks.
From India, Delhi
Dear member,
Every 1-2 months, a post like this keeps on appearing. Anyway, click the following link to refer to the ruling by the Delhi High Court:
https://www.citehr.com/571397-delhi-...n-compete.html
You can send the letter to your ex-employer giving details of the ruling. The inclusion of a non-compete clause in the appointment letter was an error on their part.
Thanks,
Dinesh Divekar
From India, Bangalore
7879Every 1-2 months, a post like this keeps on appearing. Anyway, click the following link to refer to the ruling by the Delhi High Court:
https://www.citehr.com/571397-delhi-...n-compete.html
You can send the letter to your ex-employer giving details of the ruling. The inclusion of a non-compete clause in the appointment letter was an error on their part.
Thanks,
Dinesh Divekar
From India, Bangalore
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Non-compete clause in service contracts.pdf
Non-compete Clause of Infy.jpg
Non compete.doc