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Harish Kumar (Owner)     07 August 2012

Employer employee relation

Sir,

I was working for the pvt ltd company on the post of manager supply chain and left the job last year 30.11. 2011. I joined this company in the year 2008, Sept. and signed an agreement which was valid for three years and the same was expired on 31.8.2011. In that agreement there was a condition that an employee would not work for three years in the similar trade after termination of such agreement. Although my agreement was expired I had served notice period and left the job after handling proper charge and got releiving letter from the company. After one and a half month I joined the competition company (mid jan 2012).  Now I have got an information that my previous employer is trying to file a case against me as they have done with some more ex employees. They use to take a benefit from the said clause of agreement and also they take help of IT act and has filed criminial cases under IT ACT section 43 against few employees to harass them in which they have mentioned that the said employees have stolen their confidential information from their Laptops while they do not have any copyright for such informations.

My questions are:-

1. Whether they can file a case against me after such a long period (8 months have passed) while my agreement was expired during my service period and they did not aproach me for extension?

2. Can they file a case against me under IT ACT, while I do not have any copyright information ? I was using a company's Laptop which was kept by me but many time I used to leave it in the office.

3. Is there any time boundation for filing a case by an employer against an employee?

Regards

Harish Kumar

 



Learning

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