• Cease and Desist Notice from former Employer.

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.
Asked 3 months ago in Business Law

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6 Answers

Engage a lawyer and send reply to email 

 

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 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Hello, 

  1. You are not obligated to give any undertaking on a stamp paper and be prepared to pay a cost of 1 crore rupees in case of the information appearing on a medium. What is the assurance that they will not misuse such an undertaking.
  2. You may send them an email stating that you are not in possession of any data and what was copied when the office lap top was under repair has been deleted as soon as the work was completed and the office laptop was available again.
  3. In case you receive a legal notice,  send an appropriate reply by engaging a lawyer.
  4. The current situation cannot have any impact on your current employment. You don't need to be worried 😯 

S J Mathew
Advocate, Mumbai
3430 Answers
175 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

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 

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
10661 Answers
132 Consultations

5.0 on 5.0

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 

Siddharth Jain
Advocate, New Delhi
6203 Answers
101 Consultations

5.0 on 5.0

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