Hello, I don't want to disclose my name in this forum. I am into big trouble, that's why I am seeking for your suggestions. Here is my situations:
1. I have joined a company with 2 years agreement.
2. I left the organization within 3 months without any notice period due to my family.
3. In return I have asked my salary because of the zero day notice period.
4. During resignation, i hava told them the same reason with color. Because the actual reason was very shameful and I didn't want to disclose it to anyone.
5. In the mean time, I lost my appointment letter and requested them to serve copy if the document, but they didn't listen my request.
6. I have asked for NDA copy, they denied to serve the copy.
7. Anyways, i left the job 3 months backs.
8. Last week I have received legal notice from their legal team and mentioned that, I am into touch with their client. According to the NDA, I cant contact with any clients of the organization. Even, I am not in touch with the client.
9. The company has asked for 2100000 as compensation money or i will have to be ready for jail.
After all these, I have consulted with 2 lawyers, one said it is a civil case and the company is trying harass you. Another lawyer said, it is a criminal case.
Help me please and show me the path.
Thanks
From India, undefined
1. I have joined a company with 2 years agreement.
2. I left the organization within 3 months without any notice period due to my family.
3. In return I have asked my salary because of the zero day notice period.
4. During resignation, i hava told them the same reason with color. Because the actual reason was very shameful and I didn't want to disclose it to anyone.
5. In the mean time, I lost my appointment letter and requested them to serve copy if the document, but they didn't listen my request.
6. I have asked for NDA copy, they denied to serve the copy.
7. Anyways, i left the job 3 months backs.
8. Last week I have received legal notice from their legal team and mentioned that, I am into touch with their client. According to the NDA, I cant contact with any clients of the organization. Even, I am not in touch with the client.
9. The company has asked for 2100000 as compensation money or i will have to be ready for jail.
After all these, I have consulted with 2 lawyers, one said it is a civil case and the company is trying harass you. Another lawyer said, it is a criminal case.
Help me please and show me the path.
Thanks
From India, undefined
Dear friend,
Well gentleman if you have contacted not only one but two professional lawyers then what members of this forum have to say? The information given is too inadequate to comment upon. Added to this is your confusing language. On the one hand you say that you have left without any notice, yet you say you have claimed salary from the company? Why you think that you are eligible to get salary? Has company paid your salary till your last working day or not?
You have written the strange phrase "same reason with color". What is the meaning of it?
Nevertheless, two things stand out from your post. One is your sudden exit notwithstanding your agreement with the company. Second one is your alleged contact with the clients. Cumulative effect of these two reasons is receipt of notice from the company with the astronomical payout.
Members of this forum cannot assess what were the compelling reasons to quit the job, however, a professional gives top priority to his/her career. Family issues to arise but then we need to strike balance with the career. We cannot allow family issues to weigh down on the career.
As such you have taken advice from the lawyers. Find out with whom you can get along well and hire him if the need arises.
All the best!
Dinesh Divekar
From India, Bangalore
7736Well gentleman if you have contacted not only one but two professional lawyers then what members of this forum have to say? The information given is too inadequate to comment upon. Added to this is your confusing language. On the one hand you say that you have left without any notice, yet you say you have claimed salary from the company? Why you think that you are eligible to get salary? Has company paid your salary till your last working day or not?
You have written the strange phrase "same reason with color". What is the meaning of it?
Nevertheless, two things stand out from your post. One is your sudden exit notwithstanding your agreement with the company. Second one is your alleged contact with the clients. Cumulative effect of these two reasons is receipt of notice from the company with the astronomical payout.
Members of this forum cannot assess what were the compelling reasons to quit the job, however, a professional gives top priority to his/her career. Family issues to arise but then we need to strike balance with the career. We cannot allow family issues to weigh down on the career.
As such you have taken advice from the lawyers. Find out with whom you can get along well and hire him if the need arises.
All the best!
Dinesh Divekar
From India, Bangalore
Maybe i have not described a enough.kindly check my comments below:
1. I have left the job without any reason, due to this reason i have sacrificed my salary.
2. I have used "same reason with color" which means "my mom was ill but informed my office that she was hospitalized"
From India, undefined
1. I have left the job without any reason, due to this reason i have sacrificed my salary.
2. I have used "same reason with color" which means "my mom was ill but informed my office that she was hospitalized"
From India, undefined
Dear Member,
You have admitted that you have entered in to an Agreement with a Company to Serve them for Minimum period of 2 years i.e 24 Months after applying your mind.Strangely, you have lost the said Agreement within 3 Months.This reflects that you were not serious about your agreement and your consent signature in the said Document. In the absence of vital Document to adjudicate i.e "Service Agreement" you have already met 2 lawyers.Now you are meeting lot more to hear their opinion.
Your reason for leaving Service is not Legally tenable.Which Month salary & How much money is due to you? What do you mean by 0 Zero Notice Period.Please note when you had entered in to agreement to serve for 2 Years, it means you have to serve for 2 years.the question of notice period arises after completion of 2 Years of Service. What do you mean by "i have sacrificed my Salary" you have to sacrifice Amount as mentioned in the agreement for "Breach of Agreement"
Please walk in the path of Honesty-reply to the notice which you have already received honestly.Why company is claiming Rs21 Lakhs? on what grounds
please revert with all the details for further course of action
From India, New Delhi
You have admitted that you have entered in to an Agreement with a Company to Serve them for Minimum period of 2 years i.e 24 Months after applying your mind.Strangely, you have lost the said Agreement within 3 Months.This reflects that you were not serious about your agreement and your consent signature in the said Document. In the absence of vital Document to adjudicate i.e "Service Agreement" you have already met 2 lawyers.Now you are meeting lot more to hear their opinion.
Your reason for leaving Service is not Legally tenable.Which Month salary & How much money is due to you? What do you mean by 0 Zero Notice Period.Please note when you had entered in to agreement to serve for 2 Years, it means you have to serve for 2 years.the question of notice period arises after completion of 2 Years of Service. What do you mean by "i have sacrificed my Salary" you have to sacrifice Amount as mentioned in the agreement for "Breach of Agreement"
Please walk in the path of Honesty-reply to the notice which you have already received honestly.Why company is claiming Rs21 Lakhs? on what grounds
please revert with all the details for further course of action
From India, New Delhi
Dear x,
Though I feel sorry for your situation, it would be great if you describe your situation on points. Fine. From your words, please check below my views.
1. You entered into a 24 months work agreement with NDA which binds you to that company and the corresponding agreement.
2. You left job within 3 months with zero notice and no compensation which is a breach of your employment contract.
3. You lost your cotract and NDA and want the company to provide you where you havent maintained your employee responsibility. Though it can be respected as a matter of situation but the management will view it in different angle. It shows that you were not serious on the legal binding you have and expected the company to serve you where you havent.
4. You have recieved a legal notice from your previous employer quoting that you are attempting to join their competetion against your NDA time limit. If you have not attempted to join or wanting to join, neither you need the copy of NDA (at least now) nor you will recieve the legal notice.
The best suggestion from me would be;
1. Try to contact the HR department of your previous employer and settle the issue by providing sufficient true documents to prove the reason for you to quit. Either settle the compensation amount or get into a amicable settlment with the company and record it for your future requirements.
2. Dont try to breach your NDA if you had signed with the clause that "you wont join their competition for "x" period"
3. It is better not to rub the wrong side of your ex employer having many weak zones at your end. Better option is to go for amicable settlement.
Best of luck.
From India, Madras
Though I feel sorry for your situation, it would be great if you describe your situation on points. Fine. From your words, please check below my views.
1. You entered into a 24 months work agreement with NDA which binds you to that company and the corresponding agreement.
2. You left job within 3 months with zero notice and no compensation which is a breach of your employment contract.
3. You lost your cotract and NDA and want the company to provide you where you havent maintained your employee responsibility. Though it can be respected as a matter of situation but the management will view it in different angle. It shows that you were not serious on the legal binding you have and expected the company to serve you where you havent.
4. You have recieved a legal notice from your previous employer quoting that you are attempting to join their competetion against your NDA time limit. If you have not attempted to join or wanting to join, neither you need the copy of NDA (at least now) nor you will recieve the legal notice.
The best suggestion from me would be;
1. Try to contact the HR department of your previous employer and settle the issue by providing sufficient true documents to prove the reason for you to quit. Either settle the compensation amount or get into a amicable settlment with the company and record it for your future requirements.
2. Dont try to breach your NDA if you had signed with the clause that "you wont join their competition for "x" period"
3. It is better not to rub the wrong side of your ex employer having many weak zones at your end. Better option is to go for amicable settlement.
Best of luck.
From India, Madras
Thanks for all suggestions. They sent notice with false allegation. They have mentioned that, I have stolen their client. Which is totally false allegation and I have the proof. I would be happy if they would send me notice for NDA.
They have not mentioned single word regarding NDA.
From India, undefined
They have not mentioned single word regarding NDA.
From India, undefined
Dear Friend,
Let us talk about your case. There are lacunae at your end which I do not need to discuss as the same are already mentioned.
1. The bond can not be invoked by the company as the any bond making an employee a bonded employee is not enforceable.
2. Your case is a civil matter otherwise the company would not have asked for compensation.
3. To advice you properly the documents are required which you say that you have lost, hence, whatever is advised is based on your statement so the advice may be correct or may not be correct.
4. Please consult an advocate and send a reply to the company. Reply must emphatically deny having usurping of client.
5. Company will definitely go to the court. make sure that you contest your matter properly.
From India, Thane
Let us talk about your case. There are lacunae at your end which I do not need to discuss as the same are already mentioned.
1. The bond can not be invoked by the company as the any bond making an employee a bonded employee is not enforceable.
2. Your case is a civil matter otherwise the company would not have asked for compensation.
3. To advice you properly the documents are required which you say that you have lost, hence, whatever is advised is based on your statement so the advice may be correct or may not be correct.
4. Please consult an advocate and send a reply to the company. Reply must emphatically deny having usurping of client.
5. Company will definitely go to the court. make sure that you contest your matter properly.
From India, Thane
Dear Mr.X
It seems you are entering in to the service for a first time without knowing any consequences. You must understand before signing the contract, what are the clause which binds you?. You are taking everything for granted.The agreement is in the Court fee stamp paper then it is a matter of legal document and you are legally bound.Please read the contact agreement and know yourself and then meet the advocates for their counselling.
Your excuses cannot be construed as appropriate. It is the courtesy and responsibility on your side to inform the organisation the seriousness of your quitting or else would have told them to go on leave on loss of pay. Crying over split milk will not help.
Finally, there were so many seniors and experts in the aforesaid communications ignoring the valuable time has given you valuable advice. so Do consider and realize that there is a life out there stored for you.
I feel since you do not want to disclose the real truth and your name, you are not fooling around us.
All the Best
Ramadurai.K.R.
From India, Chennai
It seems you are entering in to the service for a first time without knowing any consequences. You must understand before signing the contract, what are the clause which binds you?. You are taking everything for granted.The agreement is in the Court fee stamp paper then it is a matter of legal document and you are legally bound.Please read the contact agreement and know yourself and then meet the advocates for their counselling.
Your excuses cannot be construed as appropriate. It is the courtesy and responsibility on your side to inform the organisation the seriousness of your quitting or else would have told them to go on leave on loss of pay. Crying over split milk will not help.
Finally, there were so many seniors and experts in the aforesaid communications ignoring the valuable time has given you valuable advice. so Do consider and realize that there is a life out there stored for you.
I feel since you do not want to disclose the real truth and your name, you are not fooling around us.
All the Best
Ramadurai.K.R.
From India, Chennai
Hello Bharat,
Thanks for the helpful suggestions and I have contacted the company. They will discuss with me in this regard on the coming week. Already my lawyer has sent a polite reply to them.
You got my point about "Civil or Criminal". My respected lawyer assured me about this it can be "Money suitcase" which is a civil case. When I was talking with the company lawyer, he was not bothering about the NDA. He was saying only one thing that is "MONEY". So, the motto is clear to me :)
Hope for the best.
From India, undefined
Thanks for the helpful suggestions and I have contacted the company. They will discuss with me in this regard on the coming week. Already my lawyer has sent a polite reply to them.
You got my point about "Civil or Criminal". My respected lawyer assured me about this it can be "Money suitcase" which is a civil case. When I was talking with the company lawyer, he was not bothering about the NDA. He was saying only one thing that is "MONEY". So, the motto is clear to me :)
Hope for the best.
From India, undefined
@Ramadurai.K.R.,
I am amazed to see few words in your post. It is an open forum, before using any harsh words about anyone please think twice. If you think that, you are giving valuable time in my critical condition, I am thankful to you.
I respect all suggestions from my senior members and I am trying to follow and understand their each and every word. I hope that you should have a minimum sense of using this phase " you are not fooling around us." for any people.
From India, undefined
I am amazed to see few words in your post. It is an open forum, before using any harsh words about anyone please think twice. If you think that, you are giving valuable time in my critical condition, I am thankful to you.
I respect all suggestions from my senior members and I am trying to follow and understand their each and every word. I hope that you should have a minimum sense of using this phase " you are not fooling around us." for any people.
From India, undefined
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
HR-LEGAL FORMS.zip
Social Compliance check list & legal,HR,Ethica l checking file.doc