- This topic has 12 replies, 9 voices, and was last updated 1 year, 3 months ago by
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PHi I a marketer at a toy company and had resigned last month as I got an offer from a company 50x larger than the old one which also happens to be one of the company’s competitor. My company literally copy their products and strategies.
But I had signed non-competing agreement with my old company during the time of joining and I am afraid of getting into any legal problems although it’s unenforceable as per Indian law. But there are loopholes through which company can intervene like data theft which obviously i have none but what if they falsely allege me.
P.S. – I resigned because my boss also the founder profaned at me and thus not ended un a good terms but I did served my notice period.
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MUnless they spent money to train you specifically (example: airline sending pilots for training), non competes are not enforceable in India. You have a right to livelihood.
Tip: Do not under any circumstances disclose your new employer or other details that can hint about it. Not even to your best friend in office. Tell them you got a job in Dubai or another believable story. Do not update your LinkedIn till 6 months after joining the new employer.
While legally any decent lawyer will win this fight for you, why even let it get there! Be smart.
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PThanks that helps I am just afraid of them accusing me of stealing or passing on the data to the new employer, although I handed over everything to them there are few things that may point finger at me like exchanging documents over whatsapp with my founder that’s still in my phone.
Although I can accuse or backfire them of stealing competitor data (same company i am joining) through an amazon representative.
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MUnless they can pinpoint what exactly is the data you stole AND that data is actually found in your possession, nothing can be proven.
Once again, technically law is on your side. However keeping them in dark about your next steps is the best way to avoid retaliation. Let your brain lead, not ego! All the best.
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CIs your old employer very small, or are you a very senior employee (like someone who reports directly to CEO, head of country, etc.
If not, most companies won’t want to invest resources in a legal battle against you.
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SFirstly, In the non compete is there any time limit which has been fixed regarding non-joining any competitor.
Secondly, to be safe from any action from your previous employer, write an email to them informing that you’ve completed your notice period and handed over any data you had with you and now you don’t have anything with you. If possible, get a positive response on it by the HR.
Although a non compete agreement qua the job change is unenforceable before indian courts, but the process of fighting a case is the punishment. So I would really recommend to remain on good terms with your previous employer and try to get everything in writing to strengthen your case.
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CNon-competes at your level are unenforceable. Just go ahead and join man! I regularly advice clients on incorporating such clauses in the employment agreement knowing very well that they are unenforceable. It just acts as a detterent, nothing more. But if they go legal, you have no option but to go legal as well. Just don’t worry, law is in your favour.
I am a lawyer.
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