Query related to breaking the rules of the company
pandu
(Querist) 16 December 2011
This query is : Resolved
I am Pandu working for a IT company had started another business related to my field one and half month back. yesterday my company came to know this looking at my mail transaction from office email account and they immediately terminated me from my services.
Now they are threatening me that they will file a criminal case against me. They have not yet given me a termination letter but they have officially announced in my office that I am terminated putting my name on the notice board.
The only agreement between me and the company is appointment letter.
They know where my own company is located and who are working in the company.
Please let me know what action will they take on me further and what should be my preparations further.
Please let me know
ajay sethi
(Expert) 16 December 2011
you have broken your employer trust . you were fully aware that while working for an IT company you cannot start a new company in same field .
you wanted to have your cake and eat it too . the employer was right in terminating your services .
the company has legal proof of your activites . under the circumstances compnay can take such elgal acton as advised including claim for damages against you .
go and meet the top management . assure them you wont poach their clients and tender an unconditional apology . request them to close the chapter .
Guest
(Expert) 16 December 2011
I fully endorse the views of Shri Sethi.
pandu
(Querist) 16 December 2011
Dear Mr Ajay Sethi,
I have not poached any of their clients.
All the proof's they have is I have used my official email ID to communicate to my personal email ID. Apart from that their is no other proof with them.
1) What are the cases they can put on me?
2) What are the precautionary measures I have to take?
3) The company that i have started is registerd in hyderabad in my wife's name which is in my residence address. Addon branch in other state which is started 1 month back is still not registered. So legally no proof to show there is a production team.
4)There is no email id in my name with the new company.
All they have found was only training materials which is not company propritery and they are freely available resources.
So please let us know pros and cons of the situation.
pandu
(Querist) 16 December 2011
I have already explained the transactions in order to prove that there is no other company payments received. Now they are asking me the bank statement copy. Can I goahead and share the same with the company.
This will be the used as company existence in my wife's name. Other than this there will not be any other information available.
Please let me know can I send the same or not
ajay sethi
(Expert) 16 December 2011
the precautions ought to have been taken at time of opening of new company
1) is your wife professionally qualified from IT field?
2) never give your residence address as your company office address
3)
as already told you company can claim damages as in contravention of company guidelines you have started new company and was working simutlaneously in 2 organnisations
4)companyc na alos file criminal cases against you for criminal breach of trust etc
5) company will have to prove its case . it will take some time for cases to be disposed of
ajay sethi
(Expert) 16 December 2011
consult a local lawyer . show him the appointment letter issued by company etc .
we do not know how many transactions have taken place in said account . if you show your bank statement they will know name of your clients etc , where you ahve received orders from . it will further strengthen case of company against you .
Guest
(Expert) 16 December 2011
If you have not undertaken any job pertining to any of the clients of the company, I would like to advise you not to open all the cards, like submission of bank statement or other secrets of your own business, before your employer. The more you reveal about your own secrets, the more you will be in trouble from the part of your employer. Just review yourself the terms of employment and the employee conduct rules or consult some service law expert showing all the papers pertaining to your employment and correspondence so far exchanged with your employer company about the case.
Shonee Kapoor
(Expert) 16 December 2011
Regardless of whether you have poached any client or not, you have made a mistake by having clash of interests.
However, I endorse that you must meet a effective lawyer.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 16 December 2011
I advise you to seriously read the sincere advice of experienced expert Dhingra G and follow it in letter and spirit rather raising your secrets here and there. I think your opponent is also reading this thread......as this a public platform.
pandu
(Querist) 17 December 2011
Thanks a lot for the advice. But i am still looking for the response on my below listed questions,
1) What are the cases they can put on me?
2) What are the precautionary measures I have to take?
3) The company that i have started is registerd in hyderabad in my wife's name which is in my residence address. Addon branch in other state which is started 1 month back is still not registered. So legally no proof to show there is a production team.
4)There is no email id in my name with the new company.
5) Do i need to take anticipatory bail. pls advice
Thanks & Regards,
Pandu Digam
Guest
(Expert) 17 December 2011
Unless you show the contents of of the correspondence from and to the company management, how some one can anticipate what can happen to you and what you need to do. Your general query has been appropriately replied, rather, in my previous reply, I have already made a mention of precaustion to be taken by you.
Advocate. Arunagiri
(Expert) 17 December 2011
1. they can book you u/s 406.
2. No need for a precautionary measure.
3. You say company, what is the legal status of the company. Ltd or partnership
4. Irrelavant.
5. AB is not possible and not necessary at this stage.
My opinion:-
When you have the opportunity to start your own company, what is the need to work in this company, even after starting your own venture.
How will you treat a person, who is working in your company and having his own venture without your knowledge?
