Conflict of interest and oscillation

Question

Conflict of interest and oscillation

I started as consultant marketing registered under my dad name sourced customers and was giving to trader through his employe .were I dont have any contract with trading company . And trader was unaware of such. But I was charging my comission from client end and earning my margins. Later I got hired by same trader as employee and business grown at both company. But trader now my employer doest know about paralel company of mine .recently I resigned that job and my previous employer threatening me to share the details of consulting firm or will sue you.like invoices raised

And he has some invoice of my firm retrieved from my employer mail I'd.

In invoice my phone number is mentioned and adress of firm is my home adress

N in some contracts I used word as employer name and its associates .

Some mails have been exchanged from employer I'd for sharing invoice .

But in all cases same client pays comission to both

Asked 6 years ago in Business Law

Answer 1

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.

Devajyoti Barman

Advocate, Kolkata

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Answer 2

Consultancy is in your father`s name. You will not at all be consider employer for whatsoever. You will be consider consultant on commission. Why bother nothing will happen, tell him straight do whatever.

Until you have not caused him loss by insider trading, no culpability on you.

Yogendra Singh Rajawat

Advocate, Jaipur

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Answer 3

during course of employment you cannot carry on any business

2) it is ground for dismissal from service and employer can sue you for damages

3) your ex employer can sue you for damages if during course of employment you have carried on another business

Ajay Sethi

Advocate, Mumbai

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Answer 4

In this case you dont have any option but to wait and see what action is taken if any by employer. You cant take any preventive steps here. you can only contest if any suit is filed against you

Prashant Nayak

Advocate, Mumbai

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Answer 5

Share the copy of your employment agreement.

Please elaborate your legal query

Anilesh Tewari

Advocate, New Delhi

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Answer 6

Dear

You should not have use your employer ID for communications of your personal firm.

He can sue you for using employer ID for personal communication for your own business and theft of data.

Otherwise you are not bound to disclose client name to him.

Mohit Kapoor

Advocate, Rohtak

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Answer 7

As there is no agreement between you and your employer in this regard, you need not be worried about the threats posed by your employer in this regard.

Moreover since ther e is no restriction on you to carry on your own profession you may challenge his case in the court of law if he decides to approach court.

T Kalaiselvan

Advocate, Vellore

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