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. And for info my firm is registered under my dad name and well before I join that organisation. 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 After 8 month of resignation now I heard my previous employer as stated is filing a complaint in my area local police station . As fraud or cheating And for info I m working In other organizations Wat actions should I take ? Now I heard after 8 month of resignation
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See it is better to settle with employer thats the best you can do now as after the employer take any step we can decide to tacle same and decide our further course.
Further this is more of civil dispute police may refuse to entertain his complaint though he may file suit to claim damages.
Apply for and obtain Anticipatory bail from sessions court in case cheating case is filed against you
police would issue you notice to record your statement
deny allegations made by complainant
If you feel that any FIR is recorded you can take anticipatory bail. Don't go to police station without anticipatory bail if called.
Dear Sir,
Please consult any chartered accountant for more clarifications on the issue.
Your apprehension of being implicated as accused in criminal offences is totally baseless.
Conflict of interest by any means or sharing trade secrets etc. are all of civil nature and therefore can be a civil wrong only, not criminal offences.
Police is well aware of this , at least one can reasonably guess so.
So it can lead to a civil litigation only.
if your previous employer is contemplating to file a criminal case against you or your pseudo firm, then you will have to take anticipatory bail, if not you could be arrested along with your father and thereafter if you or your father wish to obtain bail, it might become difficult.
Regarding the complaint itself, other than your phone number and house address, there is no other directly implicating documents or proof with this employer, hence the complaint eventually will get dismissed. If the employer is not having proof or documents then in my opinion he might not even file the complaint.
Nothing will happen, no FIR in such cases. Hopefully you dose not invited any resource on trader name and than transported him/her to some other trader.
No cheating or fraud case would be liable or maintainable.
The police may register a FIR on the basis of the false complaint made by him, then you obtain AB and challenge his false case in the court of law during trial proceedings.
From your contents it can be noted that you were doing business parallel to your employment, however if there was no fraud done by you in the given situation, you need not be worried about the threats posed by the previous employer, you may gather documentary evidences to defend yourself and protect your interests.
You have to consult your advocate and do the needful in the same case.
You should not have used the company ID for exchange of mail for your personal business.
He can initiate the case of double employment or data theft for using it for your personal business.
You should go for negotiations with employer.
