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Author Topic: Previous employer sent a legal notice regarding non solicitation  (Read 2479 times)

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Offline pkisler

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Hi,

I need some advice on my situation now.

I was working for on a company as a softare developer. After two years I have resigned from that company and moved to a full time freelancer. I was using elance.com (online staffing platform based in Mountain View, California, United States.)   for getting freelance jobs and I find few jobs and I am working on them for past 1.5 years. Yesterday I got legal notice from my previous employer that I have breached their agreement that I can't contact any of the companies clients for 18 months , and they are asking a compensation of 1 crore. That company was also taking jobs from elance and one of their client on elance is a client of mine now.  Can anybody advice me what I will do in this situation ? My client informed that there were no legal contract with my previous employer other just a job done through elance.com and also there is no legal contract between me and that client other than elance.com


Thanks
Paul

Offline Advocate M.Bhadra

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Re: Previous employer sent a legal notice regarding non solicitation
« Reply #1 on: March 14, 2015, 09:28:34 PM »
Notice period for leaving the service, depends from organisation to organisation, Generally notice period is 1 month from any given date of tendering his/ her resignation and ends on completion of 30 days from the date of submission of resignation.

Most of the corporate sectors as on date are demanding 3 months of notice period for leaving the service voluntarily in order to search for a new employee to fill the vacancy, the said clause is stipulated the appointment letter it self, and in turn the employer also give notice period or salary equal to the notice period if at all he desires to leave the employee. The notice period must be of equal ratio as per law, if the employer give 1 month of notice period and requests the employee to give 3 months of notice period it is illegal and stands as a null and void agreement between the parties.

As you said if the employee submits his resignation before one month notice period , then you have to may remaining months notice period salary as a compensation only, but not as they demand.

Send a reply to their legal notice by consulting with a labour laws practicing lawyer and lodge a complaint to the Labour Commission in your State. You should also file a case in Labour Tribunal or file a suit for Declaration and Injunction.

Offline pkisler

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Re: Previous employer sent a legal notice regarding non solicitation
« Reply #2 on: March 15, 2015, 04:49:56 AM »
I have no issue with the notice period. I have completed my notice period of two months after the resignation. And after the notice period only I started as a full time freelancer. Now my ex-employer is calming that I have breach the agreement of non solicitation because I am working with one of my ex employer's client on freelance basis

Offline pkisler

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Re: Previous employer sent a legal notice regarding non solicitation
« Reply #3 on: April 27, 2015, 07:34:53 AM »
Nobody here to reply me on my issue?

Offline advarjun

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Re: Previous employer sent a legal notice regarding non solicitation
« Reply #4 on: May 05, 2015, 09:42:31 PM »
Your employer is trying to extort money from you, he does not have a case at all.

elance.com is for everybody anyone can take up work from there.

his legal notice itself is illegal.

which city are you based in.

give the content of the legal notice here to get a better understanding
Advocate Arjun India's Finest legal expert

Offline pkisler

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Re: Previous employer sent a legal notice regarding non solicitation
« Reply #5 on: May 05, 2015, 11:10:21 PM »
I am from Cochin, Kerala

Below is the content from the legal notice..

As laid down in the Appointment Offer and the Employment Confidential Information Agreement you had agreed that for a period of 18 months immediately following the termination of your relationship with my client, you shall not interfere with my client's contracts and relationships including customer contracts. You have also agreed to comply with all the continuing obligations including obligations of confidentiality, non- disclosure and non -competition. You also undertook that you will not constitute any breach of provisions laid in any agreement or understanding to which you are a party.

conditions laid down in the Appointment Offer and Employment Confidential Information Agreement, specifically [Cl. 17(b) & (c); CI.13 (b); CI.24 (e); and Cl. 25] of the Appointment Offer and [CI.6] of the Employment Confidential Information Agreement, by interacting with one of the XXXX Limited's clients, le; AAAA, after your termination from XXXX (Pvt.) Limited. I am instructed to state that you have solicited, aided, enticed and induced AAAA in doing business with the company BBBB where you are currently a stakeholder/employee and that you have disclosed confidential information of my client in breach of the Employment Confidential Information Agreement. Your acts and omissions have caused irreparable damage and loss to my client including loosing business from an existing customer viz. AAAA. It is estimated that XXXX Limited has suffered a quantifiable loss of Rs. 15000000 (Rs. One Crore Fifty Lakhs only) due to your breach of the above referred agreement terms. Therefore, you are strictly advised to pay my client the above mentioned amount along with the notice charges of Rs. 2000 within 15 days of receipt of this notice and also refrain from continuing the breach, failing which legal actions including civil and criminal proceedings would be initiated against you, making you liable to pay compensation and costs.

 

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