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Can we file defamation case against ex employer
19-Sep-2023 (In Labour & Service Law)
Dear Sir, I was working in a reputed form in delhi for the last 7 years as sr. manager level cadre. Few months back I left the organization by serving notice period. Full and final settlement also done by the company as per the appointment order. After that I have started my own form and approaching my clients who have good relation with me during my tenure with prior organization. Recently my ex employer came to know this and issued a letter to all the customer that I was no longer with the organization. Also to defame my position, they have mentioned my designation as supervisor instead Sr. Manager. Pls advice can we file defamation case against ex employer. I have proof of the letter issued to customers.
Please send me the full account of your case in my email so as to enable me to give proper reply to your query. I would like to know as to whether your firm is registered one with the registrar of the company ? If so you need not worry. Even if your firm is not registered you can conduct the business but not in the name of your employer's firm.
Helpful?
42+
42+
Adv. Harish Chandra Yati
Noida | 100+ Answers
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Please take note of following -
1. You are into a new business maybe similar to your previous organization or maybe not.
2. In both the circumstances you can't poach their clientele base for your progress in spite of the fact that you have a good term with them.
3. By issuing letter in against you and stating that you being not in their team is totally justified as they will prove before court that they wanted to protect their business and goodwill.
4. Had your previous organization clients would have approached you on their own instead of you making an approach to them and then this letter had been circulated then that would have been a defamation.
5. Showing someone in a supervisory capacity while he has remained their as senior manager is a serious threat to someone's identity and you may surely contest this in competent court of jurisdiction asking for a sum in against showcasing you to be smaller personality than what you are.
1. You are into a new business maybe similar to your previous organization or maybe not.
2. In both the circumstances you can't poach their clientele base for your progress in spite of the fact that you have a good term with them.
3. By issuing letter in against you and stating that you being not in their team is totally justified as they will prove before court that they wanted to protect their business and goodwill.
4. Had your previous organization clients would have approached you on their own instead of you making an approach to them and then this letter had been circulated then that would have been a defamation.
5. Showing someone in a supervisory capacity while he has remained their as senior manager is a serious threat to someone's identity and you may surely contest this in competent court of jurisdiction asking for a sum in against showcasing you to be smaller personality than what you are.
Helpful?
38+
38+
Adv. Pulkit Prakash
Delhi | 400+ Answers
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Will glad to help you.Yes you can file a defamation case against your ex employer in the given facts and circumstances of the case. Your ex employer has no business of sending these kind of letters to anyone.
Helpful?
36+
36+
Adv. Akash Vajpai
Delhi | 100+ Answers
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