Hi all , I need to ask that i am running a facility company. I have hired a guy last month , he worked for me around a month and took all the secret details of the company and my existing clients . And now he joined his previous company and approching my clients individually. So , is there is any law under which i can file a case agaist him. Suggestion are appreciated Regards Sarbjeet [deleted].
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File police complaint against your ex employee under section 406 of IPC for criminal breach of trust for having stolen secret details of company , existing clients details
2) you can also sue him for damages for loss suffered by you
3) issue him legal notice to restrain him from approaching your existing clients no for using data a stolen form your company
you can claim compensation from him for causing loss to the company by contacting company's customers. According to the rule of prudence this act is forbidden even in absence of this clause in work contract. this is basic principle of law of contract that customs of the business must be followed, and it is prevalent custom to contact employer's clients.
you should file a case against him, a civil suit for compensation.
1.No, there is now law.
2.Only in the case of theft of secret data like key software or some other confidential software details you can file criminal case under Information technology Act.
3.On this case I do not find commission any of such offence. if yes then lodge complaint with the local Police.
1. Is there a no compete clause in the contract that he signed? If the answer is in affirmative then you may file a suit for permanent injuncti against him to restrain him from sharing the information to which he is privy.
2. Even if there is no non compete clause then also you may file a suit for permanent injunction but then chances of success are bleak.
1. You shall have to logically analyse the case of yours.
2. The details of your clients are not your intellectual property and the said details can be had from outside source also though it is understood that he has collected all the data related to your clients maintained by you.
3. There is no law by which you can restrain him in approaching any body or bodies, even if he/they is/are your clients.
4. The problem you are facing is being universally faced by all big Companies for which they take extreme care in maintaining confidentiality of their client base.
5. Any legal action, if taken by you, against your said ex-employee will be futile.
Since you do not have any agreement with the employee who resigned from your firm, you cannot do anything legally against him.
Stealing of date from the company canot be a criminal offence until you are able to prove the offence substantially before court.
