Dear Respected lawyers,
We need your answers on my situation from my previous organization related to non-solicitation.
I Worked for company XXX ( at client place AAA) for 12 months, Due to my health conditions (which i have stated in my resignation letter is on 19th April 2016) I have Regained from my organization XXX on 19th April 2016. I have Requested to step down my duties immediately (because i was not well). But HR manager came back and told me on 24th April 16 that I have to submit Form 16 of my previous organization due to my back ground check was RED, if I failed to do in next 24 hrs will effect termination of employment as per the company Records. My Previous company not ready to provide that document and they are not reachable (they are in remote location). I went to XXX org for continuously for a week till 4th of May 16 to do the needful. HR manager is not ready to talk to me and provide info. Finally on 4th May 16 he told me that my service stands terminated as per the Email he sent on 24th April 16 and i am not going to provide any termination letter or Relieving letter from XXX Org as its their company policy.
After one week i got an opportunity to join other company YYY and joined on 13th May 16. That deployed me in same client location where i used to work before (i.e AAA). I have started reporting from 16t May 2016 to client location (AAA) from YYY org and working here.
From my previous org XXX i got a Regd post on 29th May 16 it’s a termination letter. Letter as follows:
Dear ####,
Further to corresponded about submit ion of your documents pertaining to your previous org as on 26th April 16, You are unable to produce the documents within the specified time duration.
Further Your employment With XXX Org stands terminated effective from 27th April 16.
You will be covered under the exit policy which talks about non-solicitation, wherein for the period of 6 months from the date of separation of employment with XXX org the exited employee should directly or indirectly not seek or accept any form of engagement or employment from immediate customer that you had served during your employment with XXX org.
Failed to adhere to above policy shall be reported to customer organization.
HR Manager.
Stamp and signed by him.
Note: They have not informed this policy to any of the employee in XXX org by email or any other form of document (We are not aware of exit policy).
This termination letter came after he came to know that i have joined to same client that i have served before in employment from other company YYY.
I spoke to my Client Org manager (AAA manager) and he told there is no such agreement in between my previous org XXX and client AAA.
I have not signed any non solicitation document written from my previous organization.
In offer no where the clause non-solicitation included.
What should I do now? I spoke already about this with my client AAA and he said my previous org XXX doesn't want to join any employee from them to client place AAA other Orgs that is the reason this clause included in termination letter.
Please suggest
Thanks in adv,
-Krishna
