Previous employer harassing for joining other company

563 votes

Before resignation/quitting did you give notice to the orgnaisation where you worked ? what was the clause in your appointment letter which you had with the earlier organisation.
if so they cannot force you or take any steps against legally... generally there is noncompete clause whereby you are restrained for certain days/months from joining rival company doing similar business.. but as you said the clause is ambiguous, you can take advantage of it but true interpretation can be seen only after reading it..
their allegation of yours ip address being used for deleting theirs data seems to be highly exaggerated alllegation.. you can make a complaint to police against them causing undue harassment and threatening..

Advocate Ashutosh Dubey LawRato

574 votes

If the company's allegations are true and the same are proved in court, it could be problematic. Please refrain from corresponding with them until you show the documents to any lawyer and seek his/her advice. Generally, most of these cases get settled outside the court. Please also refrain from disclosing this to your current lawyer without seeking proper advice.

Advocate Rishi Raj Sharma LawRato

895 votes

Dear Sir,

Before we provide you the best advice on your query , it is requested that you provide us the specific details of relevant facts which are material for the purpose of advise and further action.
You have not mentioned the details regarding your length of service with the previous employer, your year of resignation, joining time of your current employer and whether they have filed any formal complaint about the allegations they are raising. In the absence of such information , the concrete advise cant be given. However on the given facts although there is a Non-compete clause which you agreed but such conditions are subject to certain exceptions and conditions and they cant be applied on each and every case. The gap between the resignations and joining, the nature of business of both the organisations, their business competition in the market , your involvement in the project or assignment with the previous employer and the current employer and the damages if any due to such joining may be the relevant factors for consideration. It is also not clear from your query as to whether any complaint or proceeding have been formally initiated against you if yes the nature of proceeding or complaint . Further the allegations as stated by you about your having accessed email account of one of the existing employee need to be proved before the court if they actually go to file any complaint. These allegations have nothing to do with your previous employment or current employment. At the most they can file a complaint in PS and no action can be taken against you unless thorough investigation is carried out and your involvement is found by the police in such allegations. Your previous employer doesn't seem to have a very good case against you.
Regards

Advocate Krishan Kanhiya Makhija LawRato