there is no privity of contract with trading company
2) once you resigned from your job no need to share details of your consulting firm
3) let your ex employer sue you
Conflict of interest
Dear sir I worked as consultant registered under my dad name sourced clients and was giving to trader were I dont have any contract with trading company . And were unaware of such. But I was charging from client end and earning my margins. Later I got hired by same trader and business grown at both firms . Now I resigned that job and my previous employer threatening me to share the details of consulting firm or will sue you
Asked 4 years ago in Labour
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11 Answers
Nothing your employer can do. In India restraining of trade and profession is illegal.
Only ensure that there shouldn't be any infringement of copyright or trademark in course of your trading.
See deny to share any such detail in case he give any notice or file suit same can be contested.
1. Well, it is not clear whether there was any Non Compete Agreement was executed between you and your previous employer to restrain you to have trade in the same field for certain period of time.
2. if there is none then there is no legal bar to carry out similar trade.
3. Even if there was such agreement then also such stipulation is not enforceable in all circumstances.
4. So you can very well ignore such demands and carry on your usual business as before.
5. You have the option of filing a Caveat in local court to avoid ad interim injunction against your present business.
Nothing will happen. Avoid them
He does not have any right to sue you.
If he is threatening you then file a criminal case of criminal intimidation.
Regards
Refuse to share details. People threaten to sue all of the time. Doesn't mean they will, doesn't mean they won't.You are not required to communicate with your Ex Employer.
You you are in any such a agreement for the same for not sharing the details and you have shared the same then there can be a issue
Don't receive any communication in writing or engage your self in written conversation or on phone , he can't harm you in any way.
If there was no agreement to share the details between you both, you may decline to accede to his request or demand in this regard.
Let him give a notice which can be countered by a reply notice denying his allegations and challenge his case properly before court on merits and documentary evidences in your support to defend and protect your interests.
you are not bound to disclose the consulting firm to your previous employer after resignation. He cannot sue you for getting details of consulting firm with whom you are dealing.
