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Saharsh   09 December 2017

Confidential information

Hello

Request your kind insight on the legal notice served by my ex-employer.

I have served 5 years for an MNC in Bangalore and relieved as per the guidelines by righly resigning and serving Notice period. My service letters too were released after full and final settlement. During my service i was working as a Lead with a team of 15 people. After i left and joined a new company, some of my ex team members too joined my new employer. Now, my ex-employer sent me a legal notice citing I have solicited my ex-employee into new company BUT the fact remains that they joined on their own will after following recruitment practices with my new employer. In the legal notice my ex-employer cites that since i had access to my team's professional info, i had used them to influence people to leave their organization to join my new employer. In the legal notice they have cited breach of confidential information and thef of info by alleging that I have sent my ex-teams professional details to my personal email accounts.

 

Does an ex-employer indeed have right to send me a legal notice alleging on solicitation clause? If they were certain of my role influencing others, they should have held my service letters & full & final settlement. Appreciate your advice & insights on the case.

 

Between,  while entering into employement agreement i had a non-solicitation clause for 12 months.

 

Thanks

Kiran



Learning

 2 Replies

KISHAN DUTT KALASKAR (Advocate)     10 December 2017

YOU MUST TAKE THE ISSUE SERIOUSLY. THE EX-EMPLOYER HAS RIGHT TO ISSUE LEGAL NOTICE. YOU MUST BE VERY DELIGENT IN REPLYING THE NOTICE OTHERWISE SOME REMARKS WILL BE PASSED BY COURT AND YOU WILL IN THE DANGER ZONE. PLEASE VISIT MY OFFICE WITH YOUR DOCUMENTS AS YOU SEEMS TO BE IN BANGALORE. BEST OF LUCK. LET US FIGHT !

I AM A RETIRED JUDGE AND I AM A HEAD NOTER THAT MEANS I HAVE PREPARED HEAD NOTES FOR JUDGMENTS OF 1000'S OF CASES OF VARIOUS HIGH COURTS AND SUPREME COURT. I AM PRESENTLY HEAD NOTER FOR www.scconline.com. WITH MY VAST EXPERIENCE I SAY AS FOLLOWS:

IT NEEDS GUIDANCE OF LOCAL LAWYERS, IF YOU NEED MY SERVICES THEN PLEASE SEND ALL THE RELEVANT DOCUMENTS SCANNED TO MY E-MAIL ID kalaskarnetra@gmail.com    IF YOU ARE FROM BENGALURU OR KARNATAKA THEN PLEASE CONTACT ME IN PERSON.

Please Click LIKE button so that I can send final opinion after seeing relevant judgments. I AM RESIDING IN MALLESWARAM, BENGALORE I need some more time to read your case in depth. This is my  preliminary opinion only. Send documents for verification and further suggestions.  am residing at No.74, First Floor, 6th Cross, Malleswaram, Bengaluru.

Kumar Doab (FIN)     13 December 2017

The Non Solicitation Clause signed by you by your free will may bother you.

Did you send the said details to you personal email account?

Is it on any established record that you solicited?

If NO, then why the legal notice?


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