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Ravi balaji   27 November 2019

Non solicitation breach email

I have a employment contract that has non solicitation clause. I have left and joined a competition. 1. Will being in copy of emails sent to customers be considered as solicitation by me or person who wrote the email? 2. Can I be sued for loss of revenue or the organisation that I joined should be sued?


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 2 Replies

Real Soul.... (LEGAL)     27 November 2019

since you have not directly send the emails neither they are addresed to you , and just for being added as copy does not voilates the term solicitation provided if you are not referred in the body of email.

Just for the reasons mentioned by you herein doese not makes you responsibe to losses as there is nothing addressed to you  directly. However you were suppoused to tender a resignation and if that is yet to be done must submit your resignation giving details and effecting from the actual date of resignation

 

Ravi balaji   29 November 2019

Thank you for your response sir/madam I understand losses can be claimed if my direct action caused losses. Who is liable if solicitation is proven. Me or the company I work for? What is the damage that can be claimed in arbitration for mere solicitation but there was no real loss?

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