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Employee rights on sharing information for whistleblower
16-Jun-2023 (In Documentation Law)
Hi,
My friend is working in Indian IT company. During his duties he came to know of wrongdoing of his employer as per USA laws. so he wanted to file whistleblower case in USA, for this he has gathered the evidences in terms of email data,
so he wanted to share with an attorney in USA to proceed, however he is worrying for confidentiality obligations signed by him with his employer while joining.
So can you please let us know how we can proceed in this case in below terms:
1. Is any indian law prohibits or employer prohibits to share the evidence with an attorney / court to file a whistleblower case. If it is prohibited then what's the workaround.
Please do let us know if you require any details.
Thanks
There are lots of if and buts. Employment Agreements generally have non disclosure clauses. If he acts on this information then he would be violating the NDAs or non disclosure clauses in the Employment Agreement. Indian Law doesn't care for how and where information comes from. I won't comment upon US law though I have some info on it for obvious reasons. In any case lot depends upon how documents are designed and same need to be seen to work around them.
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