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Naren   24 July 2018

Legal action by employer on employee

My ex-employer issued legal notice claiming considerable sum in damages and also for not serving notice. Is this valid and will work in court of law. My present employer will support me no matter what, as I'm a good employee.

I don't want to pay money as this is injustice and I intend to fight it.

Damages are claimed for breach of contract, NDA, non-solicitation clauses. I only contacted client in a desparate situation where I may lose my job. I resigned on the same day to save myself from uncertainity. The laws says contracts are enforceable during the period of contract, how this will work in a employee-employer relation? There are provisions in law that'll discount enforceability in case of uncertainity.

Similarly notice pay, the company immediately after resignation disabled my mail id and HR personal asked me to hand over all assets immediately. When I seeked clarification both HR and my manager failed to clarify. However they seeked my services in the form of Knowledge Transfer for which I was not guaranteed pay. There was no written or verbal communication and it sounded fishy.

I need to understand the legal grounds for defending my case if a legal action ensue. More importantly I want to know if the court will accept the case as valid. I've every intent to fight it because this is gross injustice and misappropriation of power law vests in employers.

 



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 1 Replies

Siddharth Jain   25 July 2018

you should give a befitting reply to the legal notice received by you from your ex employer stating that as per section 27 of the Indian Contract Act any agreement which is in restraint of occupation is void and cannot be enforced.

The reply should be properly drafted by an advocate containing the relevant provisions of law which clearly states that such contract cannot be implemented as they are against the statutory provisions of various laws.

For any other queries feel free to contact me at isidjain1@gmail.com

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