Hi All,
I worked for an Indian employer for 4+ years, joined there as trainee and was thereafter confirmed. In the last project, i was working as a contractor for another Client company. Eventually, i got an offer from the client company and joined them. The Client company is a bigger MNC and currently also has some ongoing projects contracted to my previous company.
After nearly 1.5 yr of leaving, the previous employer has sent a legal notice stating some clause in the "employment terms and conditions contract" that i have breached the contract by joining their client within 12 months and hence they want to file a civil and criminal case for recovering the loss of business and also legal fees.
Also, they made a batch of trainees including me sign the contract/agreement during confirmation time, without providing us a copy of the same. Unknowingly i signed it, without going thru the whole doc as we were under pressure to submit signed copy of doc immediately.
Also i faced a lot of harrassment from my manager during the last two years with employer as despite getting multiple appreciations was giving a low performance rating.
He tried to find faults with everything i did and created a hostile work environment and i was forced to take a decision to leave. It was at about that time i got an offer from the client and hence joined them immediately.
What are my options here to defend myself? What can the employer demand from me? How do i counter this situation?
Ideas? Anyone?? Please help!!
From India
I worked for an Indian employer for 4+ years, joined there as trainee and was thereafter confirmed. In the last project, i was working as a contractor for another Client company. Eventually, i got an offer from the client company and joined them. The Client company is a bigger MNC and currently also has some ongoing projects contracted to my previous company.
After nearly 1.5 yr of leaving, the previous employer has sent a legal notice stating some clause in the "employment terms and conditions contract" that i have breached the contract by joining their client within 12 months and hence they want to file a civil and criminal case for recovering the loss of business and also legal fees.
Also, they made a batch of trainees including me sign the contract/agreement during confirmation time, without providing us a copy of the same. Unknowingly i signed it, without going thru the whole doc as we were under pressure to submit signed copy of doc immediately.
Also i faced a lot of harrassment from my manager during the last two years with employer as despite getting multiple appreciations was giving a low performance rating.
He tried to find faults with everything i did and created a hostile work environment and i was forced to take a decision to leave. It was at about that time i got an offer from the client and hence joined them immediately.
What are my options here to defend myself? What can the employer demand from me? How do i counter this situation?
Ideas? Anyone?? Please help!!
From India
Hello Princess12,
You just mentioned "......sent a legal notice stating some clause......."
Can you mention exactly/clearly what that clause is? That will be crucial for anyone in this Forum to suggest anything meaningfully & realistically.
But in general, most companies have a clause that an employee don't join a competitor within a specified period of time. In this case, you say it's your ex-client [now Employer].
Also, did you share this info with the HR of the present company? They might be able to do something, since your ex-employer gets orders from here. Your problems with your ex-manager won't cut much ice at this stage & in the present circumstances....so pl desist from mentioning it to anyone. Just stick to the point.
Rgds,
TS
From India, Hyderabad
1637You just mentioned "......sent a legal notice stating some clause......."
Can you mention exactly/clearly what that clause is? That will be crucial for anyone in this Forum to suggest anything meaningfully & realistically.
But in general, most companies have a clause that an employee don't join a competitor within a specified period of time. In this case, you say it's your ex-client [now Employer].
Also, did you share this info with the HR of the present company? They might be able to do something, since your ex-employer gets orders from here. Your problems with your ex-manager won't cut much ice at this stage & in the present circumstances....so pl desist from mentioning it to anyone. Just stick to the point.
Rgds,
TS
From India, Hyderabad
Hey Princess,
The some clause that you are pointing towards is very important...If the said clause of not joining the client for the period of 12 months is mentioned in your Appointment letter than it can create hassles for you as it amounts to Breach of contract.
Please read the clause in the letter and see what is the conditions mentioned there, only then we can find a solution...
Somehow, it is strange that the company has been sleeping over it for past 1.5 years, and it looks more of something else then a genuine breach of contract case...
Also, please ensure if all the trainees were not given a copy of the agreement you all signed or its just the case with you..as it can be a crucial element
But one thing I don't understand is that being so educated and smart how come you not read the agreement and just sign it blindly( just so you can get the job)...and then later once the problem comes up the entire blame is on employer for getting it signed without giving time( which they legally cannot do)...
I may sound harsh but this the point many of us does not realize that such mistakes can really be troublesome in future..you can't get lucky all the time..
Lets hear what others have to say...
From India, Delhi
The some clause that you are pointing towards is very important...If the said clause of not joining the client for the period of 12 months is mentioned in your Appointment letter than it can create hassles for you as it amounts to Breach of contract.
Please read the clause in the letter and see what is the conditions mentioned there, only then we can find a solution...
Somehow, it is strange that the company has been sleeping over it for past 1.5 years, and it looks more of something else then a genuine breach of contract case...
Also, please ensure if all the trainees were not given a copy of the agreement you all signed or its just the case with you..as it can be a crucial element
But one thing I don't understand is that being so educated and smart how come you not read the agreement and just sign it blindly( just so you can get the job)...and then later once the problem comes up the entire blame is on employer for getting it signed without giving time( which they legally cannot do)...
I may sound harsh but this the point many of us does not realize that such mistakes can really be troublesome in future..you can't get lucky all the time..
Lets hear what others have to say...
From India, Delhi
Hi TajSateesh and Archana,
Thank You for your quick response!
Yes, the clause refers to not joining the client for the period of 12 months after leaving the company but since i do not have a copy of this agreement, is the "breach of contract" argument still valid.
I did not share this info with my current emplyer HR yet as i wasn't sure how it'll affect me. would it be wise to do so?
I did recheck with a couple of folks from the batch of trainees who joined during that year and none of them were given a copy of the agreement during confirmation. Can this be a valid legal point to counter their notice.
And hey, i agree it was foolishness from my side for not having asked for a copy of the contract or even read through it completely before signing. I was a trainee then with big dreams and didnt imagine something like this would happen. No excuse for it though. :)
Now, What valid legal arguments can i use to defend myself out here.....
Regards!
Princess12
From India
Thank You for your quick response!
Yes, the clause refers to not joining the client for the period of 12 months after leaving the company but since i do not have a copy of this agreement, is the "breach of contract" argument still valid.
I did not share this info with my current emplyer HR yet as i wasn't sure how it'll affect me. would it be wise to do so?
I did recheck with a couple of folks from the batch of trainees who joined during that year and none of them were given a copy of the agreement during confirmation. Can this be a valid legal point to counter their notice.
And hey, i agree it was foolishness from my side for not having asked for a copy of the contract or even read through it completely before signing. I was a trainee then with big dreams and didnt imagine something like this would happen. No excuse for it though. :)
Now, What valid legal arguments can i use to defend myself out here.....
Regards!
Princess12
From India
Also in the worst possible scenario, what are the possible outcomes in case they decide to pursue this case. Also, legally is there a time period within which employer should file a case in such scenarios?
Will a case be valid in my situation as it's been almost 1.5 yrs now?
From India
Will a case be valid in my situation as it's been almost 1.5 yrs now?
From India
Hello Princess12,
I am not sure which dept you are in now.
But suggest check out if there's been any RECENT problem between your present company & your earlier company.
The fact that you DON'T have any copy of the Agreement OR that you DIDN'T read it well while signing DOESN'T make a difference legally. Ignorance of law isn't accepted in courts.
Pl checkout as mentioned above & confirm.
Rgds,
TS
From India, Hyderabad
I am not sure which dept you are in now.
But suggest check out if there's been any RECENT problem between your present company & your earlier company.
The fact that you DON'T have any copy of the Agreement OR that you DIDN'T read it well while signing DOESN'T make a difference legally. Ignorance of law isn't accepted in courts.
Pl checkout as mentioned above & confirm.
Rgds,
TS
From India, Hyderabad
TS,
I'm not in HR dept..... and i think there seems to have been some problem recently... I'm not sure if this can be constituted as the reason but the earlier company screwed up on a recent project which did not go do well with my current employer and they had some hard talk.
Strange, that i had to get a notice immediately after this incident. Could this be linked somehow?
Should i discuss this with our HR?
Please advise on how to proceed to LEGALLY DEFEND myself and what my chances of success are?
Thx,
Princess12
From India
I'm not in HR dept..... and i think there seems to have been some problem recently... I'm not sure if this can be constituted as the reason but the earlier company screwed up on a recent project which did not go do well with my current employer and they had some hard talk.
Strange, that i had to get a notice immediately after this incident. Could this be linked somehow?
Should i discuss this with our HR?
Please advise on how to proceed to LEGALLY DEFEND myself and what my chances of success are?
Thx,
Princess12
From India
Hello Princess12,
To answer your query: "Strange, that i had to get a notice immediately after this incident. Could this be linked somehow?"--yes, there COULD be a link--in ALL PROBABILITY, there IS. That was the reason I asked what I asked....just to ascertain.
Suggest go to your present HR & explain the situation. And ask for their help to handle this. Remember 2 things:
1] 'An enemy's enemy is my friend' policy--which is what you should bank-on.
Incidentally, if you look closely, the reverse of this SEEMS to be happening from your ex-employer's side--'my enemy's friend is my enemy' [they can't get equal with your company, so they find you a convenient target--my guess is you must have earned a very good name here & have become 'sort of' indispensable]. One more possibility that occurs to me is that your ex-company MAY be thinking that YOU have some role to play in the present unpleasant relationship between the 2 companies.
2] Your job will become easier if your performance here has been good, meaning your word will have a much better weightage in such a situation. Your HR anyway needs to be told--better do it YOURSELF before they get to know of it thru someone else.
Rgds,
TS
From India, Hyderabad
To answer your query: "Strange, that i had to get a notice immediately after this incident. Could this be linked somehow?"--yes, there COULD be a link--in ALL PROBABILITY, there IS. That was the reason I asked what I asked....just to ascertain.
Suggest go to your present HR & explain the situation. And ask for their help to handle this. Remember 2 things:
1] 'An enemy's enemy is my friend' policy--which is what you should bank-on.
Incidentally, if you look closely, the reverse of this SEEMS to be happening from your ex-employer's side--'my enemy's friend is my enemy' [they can't get equal with your company, so they find you a convenient target--my guess is you must have earned a very good name here & have become 'sort of' indispensable]. One more possibility that occurs to me is that your ex-company MAY be thinking that YOU have some role to play in the present unpleasant relationship between the 2 companies.
2] Your job will become easier if your performance here has been good, meaning your word will have a much better weightage in such a situation. Your HR anyway needs to be told--better do it YOURSELF before they get to know of it thru someone else.
Rgds,
TS
From India, Hyderabad
Hello all
Can any one tell me the solution i joined one of advisiory firm . there i signed 1 year bond but some family issue left the job without any prior notice . now the company gave me the court notice and asking me to pay the amount of rs 16400 . i only worked 3 month in this company .is this legal issue. They told me that i beach the contract and for this company wants to come for herring in the court is this legal please provide me solution
From India, undefined
Can any one tell me the solution i joined one of advisiory firm . there i signed 1 year bond but some family issue left the job without any prior notice . now the company gave me the court notice and asking me to pay the amount of rs 16400 . i only worked 3 month in this company .is this legal issue. They told me that i beach the contract and for this company wants to come for herring in the court is this legal please provide me solution
From India, undefined
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