• Legal notice from my previous company for joining client company

Hi All,
I was working for a software company and resigned from there 2 months back. After that I joined the client company of my previous company. I got the legal notice from my previous company for joining client company. My previous company made me sign a contract for not joining any client company for the period of 1 year. I had no other choice other than signing that contract as they would have fired me. That legal notice says I have to resign from the current company, otherwise they will drag me to the court.
I already consulted a lawyer, one of them is telling to resign will be a better option and another lawyer told nothing to worry. You are free to work for anyone no one can stop you . But resigning is very difficult for me at this point of time. 

Please help me in this situation, as I am not sure what to do next.

Asked 4 years ago in Labour from Hyderabad, Andhra Pradesh
You are under no obligation from your previous employer since you are no longer an employee of that company and you are not getting any salary from them.  No need to resign from the present employer.  No body can force an unwilling employee to continue in the job. Let the previous employer drag you to court and for that you can give a befitting reply through an Advocate.
Shashidhar S. Sastry
Advocate, Bangalore
1655 Answers
109 Consultations

5.0 on 5.0

Such restriction as imposed by your previous employer is justified and reasonable.  You can be restrained from joining the new employe if he is in competition .
H. S. Thukral
Advocate, New Delhi
570 Answers
170 Consultations

5.0 on 5.0

if you have signed a terms of  contract  with previous employer ,he has the right to take steps to refrain you from joining their client company. Now since you have joined the client company do not resign, most probably the previous company will not pursue the matter, in case they do , get an advocate to defend you.
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

Having accepted the terms by signing the said contract without prejudice,previous employer has got right to enforce the same or ask for compensation for breach of contract. Since you have already joined new employer,resigning from here and  by joining there, you may not get proper treatment at work place and may be harassed just for revenge.So, better not to resign but defend yourself through a lawyer in case previous employer files any case against you.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

If your previous employer had arranged any specific training for you and if you had signed a bond for the same and if the employer had invested sufficient funds for that and by your resignation if there were to be any impact on the working of the company, then only the previous employer would have the right to refrain you from joining their client company. Do not act in haste and resign from the post with the current employer. The previous employer in all likelihood may not pursue your case.  In case the previous employer files any case against you, defend the same through your Advocate.
Shashidhar S. Sastry
Advocate, Bangalore
1655 Answers
109 Consultations

5.0 on 5.0

1. You have signed an agreement with your earlier Company fpor not joining its clients for one year,

2. This is a perfectly valid term and you are legally bound to comply with the terms of the agreement you have signed . with your said employer,

3. Your earlirer Company can certainly take you to Court filing damage suit and/or suit or specific performance which you shall have to contest,

4. However, it is also a fact that such cases take years to be disposed of for which no Company normally prefers to take its ex-employees to Court for breaking agreement terms and restrains itself in issuing lawyer's notice only to scare them,

5. So, the best course of action for you shall be to resign from the aid client Company to rejoin hem after one year,

6. If that is not posible, then continue working there with ye risk of attending Court should your earlier company files any suit against byou,

7. Try to amicably settle with our earlier company.
Krishna Kishore Ganguly
Advocate, Kolkata
18818 Answers
454 Consultations

5.0 on 5.0

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