breach of trust and violation of confidentiality

NAMRATA DONTUL (Querist) 05 January 2011 This query is : Resolved
if an emploee quits the company and joins the competitor co. and uses same process flow which he learnt in the previous co. then what is the remedy available to the previous co. can previous co. file a suit.

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Raj Kumar Makkad (Expert) 05 January 2011
It depends upon the appointment letter or any other contract of the employee and employer (previous employer). If no such undertaking was given by the employee then he is free to use his expertise he learnt from his previous life or previous employment.

Kirti Kar Tripathi (Expert) 06 January 2011
In case, the previous company has copy right over the nature of work performed by that person, it can bring suit for restraining him from performing the said work for other company, otherwise, after the employee left job, the previous company has no control over the activity of said employee.