Counsel

Ask an expert! Legal, accounting and compliance advice from qualified professionals.

Share Details

0/200
0/1500

Your Question has been submitted.

The Counsel team is processing your question and connecting to the best suited professional from the community to have it answered. We’ll get back with an answer shortly.

Dear Sir/Madam, I have been working in a Chennai based MNC for the past 6 years. After two years of joining, I was sent abroad for training purpose (but handled live projects and not much training). Before departure, I have signed a contract with the employee stating that, I have to serve 3 years after my return to Chennai or if breached, a sum of Rs. 10 Lakhs to be paid as compensation. The contract was in just plain A4 sheet and not in a stamp paper. I duly signed and went to abroad. After two years I returned, I served 18 months in the same company, but got a better offer from another company, which is a competitor. I submitted my resignation, but my boss and HR did not agreed. So I formally sent an email after serving my notice period and left the company without any kind of relieving letter and settlements. Now I am working with the competitor. I received an email from the previous company HR stating that, they came to know I work with a competitor and asked me to confirm if this is true or not. If not replied in seven days, they would take necessary actions. I am worried and need legal advice on how to proceed further. What sort of things will I have to face and I am very much afraid that, I may spoil my name and career in the current organization. Please advice me on how to proceed and its quite urgent, since I have only 7 days to reply.

Did you ever sign a non-compete or non-solicit? This is the first question a court would consider. If you did, were those terms drafted and implemented in a manner that a court will respect? Many judges will overlook unfair or unreasonable contractual language especially as it relates to competing with a former employer. Next, if there is nothing in w...


View answer

Looking to hire a professional from our handpicked community?

Explore our services, submit your request and let us do the rest for you.

Get started