I worked with the MNC from December 2018 to June 2022. I am currently employed with a different organisation since July 2022. In last week of September this year I have received a Cease and desist legal notice from using and disclosing their confidential information. As per the notice I had copied some of their confidential information to an external storage device which is a breach of the confidentiality agreement I signed with them. I have been asked to sign a declaration and undertaking that I have deleted, removed and destroyed any such information and I shall pay an amount of 1 crore as preliminary damages within 30 days of an occurrence of the confidential information on any medium be it print, electronic or any other medium which has not been devised so far. I overlooked my emails and they have already sent 3 follow-ups mentioning if I don't give the undertaking in a 100 rupee stamp paper verified by a notary by 21/11 (yesterday) they will initiate appropriate civil or criminal proceedings before court of law recovering all appropriate damages, attorney's fees and costs. I did copy some files in July 2021 as my office laptop was sent for replacement and I had to work from personal laptop for a week. I don't have those files with me now. How serious is this and how should I handle it? Also will this cause any implications with my current employer? If it helps - my current and previous employment are not related.
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in your reply mention that when your office laptop was sent for replacement you had copied some files as you had to work from your personal laptop for a week
you have deleted all the files when you received office laptop
demy that you are liable to pay Rs one crore as damages
Hello,
It becomes your duty to issue a reply notice denying the allegations leveled by them in their legal notice against you.
Your silence or non response will be deemed that you have accepted their allegations against you.
Therefore you contact a lawyer with knowledge and experience immediately and issue a reply notice denying their accusations including refusing to pay the amount demanded by them and the agreement they are forcing you to sign.
Your first reaction is often concern or fear, but there's nothing in the letter by a court or a judge that orders you to do anything
By itself, a cease and desist letter can't do much, yet it may advise you that if you don't comply, the other party will sue you. In some cases, the party actually will sue you, while in other cases, they won't. Whatever you do, though, don't ignore the letter or you risk having the other party commence a lawsuit against you.
Discuss with your lawyer how to save evidence, such as texts, emails, and copies of your website. Don't destroy evidence, as you may need it at a later time.
If you use any data of earlier office they may take action if they prove the same that it was exclusive one
If you are not in any plan to use it you can be rest assured
- Since, your current and previous employment is not related , it means that the files of previous cannot be used in the current job.
- Hence, you can send him a reply of that notice after mentioning that no data or files are available with you ,and hence it cannot be misused by you in future.
No need to give them anything in writing as it can be used against you in the future.
Consult any advocate immediately.
This will not cause any implications with your current employer if you havent divulged any confidential information of your previous employer to any competitor etc
