Hello Experts
Please see the below scenario, what can this be considered as - Termination or Resignation or Mutual Consent ?
- A joined a company (B) signing 3 year bond with post employement job restriction.
- After 9 months Company realiz that the X divison (for which A was responsible) is not generation desired revenue. So It should be closed. A was offered a new role ( with change in emloyment agreement).
- A refused the new offer. and dues/salary/share paid to A.
- After 7 months A starts his own work similar to Company's business.
- Company inovked Arbitration clause signed in the emplyement agreement.
How legal is this? How can Company do such a thing when A is not their payroll for 7 months?
Help!
Swapan