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gurjeet singh (owner)     18 July 2012

Ex- employee sued by employer on grounds of trade secrets

I HAD WORKED IN AN FOREIGN ENGLISH TEACHING INSTITUTE WHO HIRED ME WITHOUT ANY OFFER LETTER, APPOINTMENT LETTER, AND I DID NOT EVEN UNDERGO ANY LEGAL FORMALITIES LIKE SIGNING ANY NON-DISCLOSURE AGREEMENT OR ANY CONTRACT OF EMPLOYMENT OR A TRADE SECRET AGREEMENT. I WORKED THERE FOR 45 DAYS WITHOUT PAPER WORK OF ANY SORT, NOR ANY EVIDENCE APART FROM THE CCTV FOOTAGE IN THE BUSINESS PREMISES. I LEFT THE JOB AFTER WORKING THE AFORESAID NUMBER OF DAYS AND A WEEK LATER, I RECEIVED STUDENTS FROM THE SAME INSTITUTE WHO WANTED CLASSES UNDER ME.I STARTED TEACHING THEM AT HOME AFTER ANOTHER WEEK. AS CURRENTLY, I HAVE 12 STUDENTS STUDYING UNDER ME FROM THE VERY SAME COACHING CENTER. AND JUST A FEW DAYS BACK, I GOT THE NEWS FROM ONE OF MY STUDENTS WHO WENT TO THAT OLD INSTITUTE, THAT THE OWNER WAS FINDING ME FOR STEALING HIS TRADE SECRETS. I WAS APPOINTED AS A TEACHER THERE WITHOUT ANY TRAINING WHATSOEVER. SO IS THE CASE OF TRADE SECRETS AND INFORMATION FORGERY APPLICABLE FOR WHICH I CAN BE SUED? AND WHAT CAN BE THE PREVENTIVE MEASURES (IF ANY)? 

P.S: NO LEGAL FORMALITIES ACCORDING TO THE BUSINESS LAW WERE FULFILLED.

SO CUOLD YOU ADVISE ME THE SAME OF WHAT CAN BE DONE AS AN EX-EMPLOYEE BEING SUED BY AN EX-EMPLOYER ON GROUNDS OF TRADE SECRET THEFT



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 July 2012

It is ethically wrong doing profession.

subramanian (consultant)     25 July 2012

There is ccfootage that you have been in the coaching institute.Further more there may be copy right protection for the teaching material.If you copy them you are liable for infringement action.Itis unethical  to copy others work.Why don't you develope  a different teaching material which is unique.

T.R.Subramanian

consultant


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