After Getting Relived

Going to the court, or labour commissioner could be a time consuming process. As one member has suggested, better to go and file a police complaint stating there is mental torture. The police will call the person, give him two slaps and keep him in custody for 1 day. The man will cry and fall at the feet. So best is go for police complaint for instant result. Because the man who harass you is committing crime. Threat and blackmail and intimidation is crime. Ok boss.

Hi,
Kindly check whether your friend have signed any Non-solicitation agreement while joining with that company. If so, there is a possibility that they can claim (if it contains any clause related to the issue).
And also the client that your friend is handling now is an existing client to his previous company or he only added the client to his previous company?
Basing on this, your friend case varies with specification in NSA.

Thanks Purni for your reply.

He do not remember any such agreements, and what my understanding is, if he had signed any such agreement, then the copy of the agreement should be provided. But there is no papers of such kind.

Yes, the company he is working now is existing client for the previous company. And he is not in sales or services in his previous company to add clients. He is an engineer, and he do not have any confidential business data or never worked on such assignments, just a good outstanding employee.

He left the organization and joined in the organization that is client of his previous company, my friend worked for this client sometime ago. It seems that the company wanted to add this person to same client for huge buks... but my friend got disturbed by then up with his company deeds as he was put on a crazy work and wanted to move out, company after tendiring resignation gave options but he lost faith and decided to quit.

Now the company is saying it is illegal to join their clients! and saying that it is according to NDA or agreement, which my friend do not have. He also spoke to his collegues and no one has the agreement copies with them ..

Tell your friend to ask for the so called NDA which they claim he had signed. They will provide it if he has signed. And in any case, its only a non disclosure agreement and not an agreement which curtails him from taking up a job. And in his position, he does not have any access to strategy and hence even the NDA will not be relevant or applicable, even if he has signed it.

what u want to convey through this
whats ur problem give brief explanation what to do in such case

Yeah, that's true. NDA / NSA copies can not be provided to the employees. They are just signing purpose & can get filed. In this case, he can ask for the copy in which he signed, to show his lawyer for further proceedings. As well some exceptions would be always there in any clause.
In NSA / Confidentiality agreement, for sure they mention that employee should not do employment with the client. But it contains some duration. Like till 1 year or 2 years from the day he left the previous company. Atleast for these sub clauses, he need to get the copy from them.
And his current company management supports him in this regard, it could be more easy for him to proceed. Ask him to consult the HR / legal department of his current company as they are the client for the previous company. And there would be an agreement between the two companies also interms of employment issues. By that both the companies can communicate in agreemental terms.

Thanks again for your response.

But, any agreement is to be between two parties and two parties should have the copies of the documents, irrespective or NDA/NSA. Here in this case assume that employee during joining has signed the document and after 7-8 years he is leaving the company. And employee will verify all documents that are present with him/her to decide on future course of action.

When employee do not have copies then how can he remember? And assume if he had worked around 20 clients, some for minor period and some for major period, how can employee remember all these? Is it not the duty of company to provide all the documents (at least copies) at the time of reliving the employee? Employee has to do lots of paperwork to get relieved? But how come company do not provide any such information? Here my friend do not remember any such documents so he went with the opportunity.

It can be understood that, if going ONSITE assignments, company will take for a Bond/ confidentiality agreements and copies should be with both the parties.

As per basic knowledge it is fundamental right of a individual to take up job of his choice. Yes, the important thing to consider is passing on confidential information.

And what could be the situation, if it had a breach of NSA?

Thanks

That is the reason that i asked your friend to request for the copy of the document basing on which they are speaking legally. By that we can check for exceptions in the clauses mentioned in the document. For sure there would be an exception in every case.
And one more thing, any company don't prefer go legally on any ex-employee at max. Why because, any legal issue will take such a long duration & cost which is purely a waste of productive time on a single ex-employee.
Because, in the duration of case hearing & conclusions there is a chance for n lot of things to happens.Hence, generally companies don't prefer to go legally for little things.There might be something other reason, that they are running legally at the back of your friend. Think on it once.

Thanks a lot Purni.
The company hasn't started any legal things, they sent some a threatening mail and again another mail that they want a response to it. The mail according to them, that failure to comply the agreement/NDA (which they claim to be signed) will be liable for legal action, and present employer also made aware of the things, and my friend is following the present employer guidelines. Presently, my friend is simply not responding to their mails, as his present employer is talking to them. The other worry is how this effect a background check in future...
Thanks....

Dear Heeru,

The company has absolutely no control over an employee once he ceases to be an employee of the particular organization. The ex-employer cannot dictate terms to ex-employees about his future employment. It is an accepted practice in industry to recruit competitor's employees due to their expertise and knowledge and other skills.

Some organizations take a Confidentiality Undertaking from the employee at the time of joining, to not divulge any information related to their intellectual property. If the ex-employer learns that when the ex-employee has disclosed certain key information vital to their business, then their is a possibility of ex-employer taking legal and criminal action for such deeds.

That is why, an employee has to be very careful while signing any agreement that can be used as a checkmate to his career prospects in future, by ex-employer.

However, as long as the employee did not sign any confidentiality undertaking or any document barring him from joining ex-employer's clients or competitors, he need not worry.

With regards,

Madhusudan