Dear Sir
I have one question..
One of my colleague is getting the information of commercial offers submitted by there competitor. and this info has been shared by a consultant ... who is getting handsome money from my Friend... Few days back these things came to know to a Senior Person from Competitor..So my friend is now got worried that he will make a case against him .. ( as this person claims that he got the mails shared by consultant to my friend which are related his offers .)
So my question ... is this crime or just unethical practice ? and if yes ..what will be the consequences?. As Competitor is from MNC and they can do anything..and what extreme can Happen to him ..
Please help me..and My friend..
regards
Samartha.
From India, Mumbai
I have one question..
One of my colleague is getting the information of commercial offers submitted by there competitor. and this info has been shared by a consultant ... who is getting handsome money from my Friend... Few days back these things came to know to a Senior Person from Competitor..So my friend is now got worried that he will make a case against him .. ( as this person claims that he got the mails shared by consultant to my friend which are related his offers .)
So my question ... is this crime or just unethical practice ? and if yes ..what will be the consequences?. As Competitor is from MNC and they can do anything..and what extreme can Happen to him ..
Please help me..and My friend..
regards
Samartha.
From India, Mumbai
Hello Samartha,
There are different ways of looking @ the situation you mentioned.
This is a clear case of Corporate Espionage.
From one angle, it definitely is an 'unethical practice'.
From another angle, w.r.t. your query of whether it's a 'crime', it will be IF it's proved in a court.
You haven't mentioned whether your friend was into this arrangement ON HIS OWN or was he fronting for your Company. Frankly, IF push comes to shove, your Company--MOST LIKELY--will pretend absolute ignorance & push your friend forward to take the blame--EVEN IF he was doing this on behalf of the company.
To answer your query--'what extreme can Happen to him ..', to put it mildly, this is a very risky business your friend got into. As long as things don't come out into open, it could be fine. But when that happens, frankly, ANYTHING CAN HAPPEN--would depend a lot on the valuations arrived at w.r.t. the info passed on to him.
You haven't explained the role of the consultant--who is he & what's his role in the whole affair?
Rgds,
TS
From India, Hyderabad
1637There are different ways of looking @ the situation you mentioned.
This is a clear case of Corporate Espionage.
From one angle, it definitely is an 'unethical practice'.
From another angle, w.r.t. your query of whether it's a 'crime', it will be IF it's proved in a court.
You haven't mentioned whether your friend was into this arrangement ON HIS OWN or was he fronting for your Company. Frankly, IF push comes to shove, your Company--MOST LIKELY--will pretend absolute ignorance & push your friend forward to take the blame--EVEN IF he was doing this on behalf of the company.
To answer your query--'what extreme can Happen to him ..', to put it mildly, this is a very risky business your friend got into. As long as things don't come out into open, it could be fine. But when that happens, frankly, ANYTHING CAN HAPPEN--would depend a lot on the valuations arrived at w.r.t. the info passed on to him.
You haven't explained the role of the consultant--who is he & what's his role in the whole affair?
Rgds,
TS
From India, Hyderabad
Dear Ts
Thank you very Much... Well this consultant is Building Service consultant and is pushing my friends company products in all project designs . A trip has been arranged to abroad (three times by friends company expenses )..in return to that he is pushing there products and also providing/sharing the prices/ offers of there competitors.. After that he is also charging some margin on sale of products.. so both way i.e sharing the info and also on selling he is charging huge money..
So most important point ..What will happen if the competitors senior person took legal course of action ?
Regards
Samartha
From India, Mumbai
Thank you very Much... Well this consultant is Building Service consultant and is pushing my friends company products in all project designs . A trip has been arranged to abroad (three times by friends company expenses )..in return to that he is pushing there products and also providing/sharing the prices/ offers of there competitors.. After that he is also charging some margin on sale of products.. so both way i.e sharing the info and also on selling he is charging huge money..
So most important point ..What will happen if the competitors senior person took legal course of action ?
Regards
Samartha
From India, Mumbai
Hello Samartha,
To answer your query ['What will happen if the competitors senior person took legal course of action?'] in a single line, he will be in deep trouble IF things are proved by any of the competitors.
Did your friend [frankly, IS IT YOU?] do any checking at any point of time as to HOW he was managing to get all the competitor info? For all you know he could be stealing OR he could be bribing someone there--any way you look @ it, the modus operandi definitely CAN'T BE ABOVE BOARD--after all who will share such info officially?
Also HOW did the Senior person from the competitor get the mails the consultant sent to your friend? Was there any rift/tiff between your friend & the consultant? If yes, MAYBE it was the consultant himself who shared with the senior person & put your friend in trouble.
Since a lot of this issue could go legal, I have also requested a few senior Lawyers in this Forum to respond--let's wait for their responses/suggestions.
Rgds,
TS
From India, Hyderabad
To answer your query ['What will happen if the competitors senior person took legal course of action?'] in a single line, he will be in deep trouble IF things are proved by any of the competitors.
Did your friend [frankly, IS IT YOU?] do any checking at any point of time as to HOW he was managing to get all the competitor info? For all you know he could be stealing OR he could be bribing someone there--any way you look @ it, the modus operandi definitely CAN'T BE ABOVE BOARD--after all who will share such info officially?
Also HOW did the Senior person from the competitor get the mails the consultant sent to your friend? Was there any rift/tiff between your friend & the consultant? If yes, MAYBE it was the consultant himself who shared with the senior person & put your friend in trouble.
Since a lot of this issue could go legal, I have also requested a few senior Lawyers in this Forum to respond--let's wait for their responses/suggestions.
Rgds,
TS
From India, Hyderabad
Agreeing to Mr. Tajsateesh,
I would add up that, the company's confidential information must not be revealed even to your closest person of your family....
Including espionage, the company can file you under the charges for Fraud, cheating, employment unethical practices, breach of employment contract and principles, conspiracy (email transactions), undue enrichment, anticipated malafide acts, and also unexpected charges both under IPC as criminal activity as well as under civil wrongs for compensation and damages..... these may look all similar, all have there own impact and differences... but do not take the reputed legal advisers of the company for granted...they know how to prove the case and technology is far ahead...... compoundable charges never drop you without shrinking you, even if they do not make individual stands.....
So, in anyway, you are under deep trouble...... But personally speaking unethical practices while doing it people enjoy (no offense) but remember, when it sinks you it takes even your bright future from you....also has great impact on your future career....
I would suggest you to surrender and come to an amicable adjustments and decision to rectify the huge mistake you have committed.... this may make you listen to the hard words of your employer but always better to accept the mistakes and safeguard the reputation and career path...... Doing this not only may save you but this definitely lowers the amount of charges and turns the bow towards the real undue beneficiary........
From India, Bangalore
I would add up that, the company's confidential information must not be revealed even to your closest person of your family....
Including espionage, the company can file you under the charges for Fraud, cheating, employment unethical practices, breach of employment contract and principles, conspiracy (email transactions), undue enrichment, anticipated malafide acts, and also unexpected charges both under IPC as criminal activity as well as under civil wrongs for compensation and damages..... these may look all similar, all have there own impact and differences... but do not take the reputed legal advisers of the company for granted...they know how to prove the case and technology is far ahead...... compoundable charges never drop you without shrinking you, even if they do not make individual stands.....
So, in anyway, you are under deep trouble...... But personally speaking unethical practices while doing it people enjoy (no offense) but remember, when it sinks you it takes even your bright future from you....also has great impact on your future career....
I would suggest you to surrender and come to an amicable adjustments and decision to rectify the huge mistake you have committed.... this may make you listen to the hard words of your employer but always better to accept the mistakes and safeguard the reputation and career path...... Doing this not only may save you but this definitely lowers the amount of charges and turns the bow towards the real undue beneficiary........
From India, Bangalore
Dear All
Thanks a lot......And @ TS sir l ...well it is not me ... i was earlier working in that same company where my friend is working now..But yes indeed it is a grave mistake he made and will surely it can damage his future..
Hope he will take a right decision after considering the legal opinion...
Thanks and Regards
Samartha
From India, Mumbai
Thanks a lot......And @ TS sir l ...well it is not me ... i was earlier working in that same company where my friend is working now..But yes indeed it is a grave mistake he made and will surely it can damage his future..
Hope he will take a right decision after considering the legal opinion...
Thanks and Regards
Samartha
From India, Mumbai
Dear Anoop,
Legally speaking this will come into more of Unethical Practice than Crime. Please answer my few questions to get more clarity on this and to get the clarity on the legal risks involved.
1. What is the status of your friend in the company.
2. Does the company's top bosses officially/unofficially know about this beforehand.
3. have your friends company signed any agreement with the company they are supplying goods with anti bribery clause in it or any clause related to anti corrupt practices.
4. Is there any government organization involved as any party.
5. how is the Consultant had excess to the data he sold to your friend.
Please answer this and i will be in a better position to tell you the gravity of the situation. undoubtedly it is a very wrong practice because every business has some ethics which should be followed.
From India, New Delhi
Legally speaking this will come into more of Unethical Practice than Crime. Please answer my few questions to get more clarity on this and to get the clarity on the legal risks involved.
1. What is the status of your friend in the company.
2. Does the company's top bosses officially/unofficially know about this beforehand.
3. have your friends company signed any agreement with the company they are supplying goods with anti bribery clause in it or any clause related to anti corrupt practices.
4. Is there any government organization involved as any party.
5. how is the Consultant had excess to the data he sold to your friend.
Please answer this and i will be in a better position to tell you the gravity of the situation. undoubtedly it is a very wrong practice because every business has some ethics which should be followed.
From India, New Delhi
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