• My manager took all my employees and clients and left nothing

Hi There,

I hired an operations manager with a verbal stake of 30% in my org and I always paid his stake and salary on time however he started clashing with me on company ownership so I proposed him formation of new company which initially he agreed and later denied and took the complete process, employees and clients with him. 

As of now I am standing at 0 in BPO as I am left with nothing. What should I do?
Asked 7 years ago in Business Law

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14 Answers

You should file a complaint with the police against him for Criminal breach of trust and cheating under section 406 and 420 of Indian Penal Code.

Also, share the contents of the offer letter of the operations manager and whether any non compete agreement was signed or not.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

This is your fault you would have entered in proper agreement along with the competition clause to protect your business and clients in case he left the organisation in absence of this clause you are left with nothing as your contact was verbal and you may not be able to prove it.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) If you have clients details and agreement within and all AMC's contract with them than you can file on that basis case against your manager and ask to retain your clients back or send legal notice to pay your such losses happened.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Issue operations manager legal notice if he has solicited his clients , employees in contravention of non solicitation clause in your agreement with him

2) sue him for damages

Ajay Sethi
Advocate, Mumbai
99837 Answers
8148 Consultations

1. You have had no contract with him to deal with your clients & employee directly.

2. The industry is competitive for which you shall have to offer better service and facilities to your clients and employee who had left you for him.

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

1)you can file cheating case u/s 420.

2) From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Dear Client

If everything you are alleging is oral and you have no written contracts signed between you and your manager then i am afraid that there is nothing much you can do. However if you hv some documentary evidence then you have a case.

Adv vikas

Vikas Khatri
Advocate, Delhi
178 Answers

Hi,

You may sue him for criminal breach of trust and for specific performance.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

File a police complaint for cheating and breach of trust.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If there was non compete clause in the agreement you can sue the manage for the damages suffered, You can issue a legal notice to the manager claiming the damages. if he fails to pay you have to file a civil suit for claiming damages.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You must have executed a contract with him. What are the terms and conditions prescribed therein?

2. Is there a clause in the contract which says that he cannot poach your clients and employees? If the answer is in affirmative then you can sue him for damages on account of breach of contract and seek permanent injunction against him.

3. Consult a lawyer with the copy of contract, if any.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the this person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If he has cheated you or committed breach of trust then you may lodge a criminal complaint against him with the local police and seek relief and remedy because under police pressure he may come to your terms.

If he is ready for talks then involve some third party to the meeting and then solve the issues amicably otherwise you can even file a suit for damages against him in case you possess evidence for that.

Since the information provided is not sufficient, you may consult a local advocate and discuss at length the issues involved and seek suggestions and advises on further proceedings.

T Kalaiselvan
Advocate, Vellore
90039 Answers
2498 Consultations

This is my response to you:

1. Verbal evidence can also be taken on record if there is proof;

2. You must first send him a legal notice;

3. File also a police complaint against him;

4. You can also file a suit in the civil court;

5. You must consult a lawyer and start legal action against him.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

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