Ex-employer accused me of breech of employment contract

Community Forums Legal Advice India Ex-employer accused me of breech of employment contract

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    • #19300 Reply
      Dineshpanther608
      Participant
        D
        Dineshpanther608
        PARTICIPANT
        April 7, 2025 at 9:39 pm
        My previous employer accused me of breech of employment contract and security protocols.
        I was accused of exposing the company credentials and intellectual properties (code) on a public domain website and sent an informatory email to my new employer even before reaching out to me.

        After resigning in the 2024 Q3 end from the previous company,they sent an email mentioning they have proofs for this serious breech. I was asked to respond within 24 hours that I no longer possess any IP of the company and if I had done the breech. I had a very good exit from the company after resignation, exit interviews were positive from my end and I was considered as top performer in my team.

        I showed my full cooperation while mentioning that the breech was not done by me and I do not possess any of their IP.
        Since then even after multiple followups all I am getting to know from them is they are still in touch with their legal advisors. I tried reaching out to them virtually and in person but no luck.

        They have been stalling the matter while holding my FnF all this time.

        I want opinion / thoughts on a few things:
        1. Can a company withhold FnF indefinitely on the pretext of pending legal advise?
        2. Ex- employer did not respond to the BGV checks by the new company. I didn’t run into much issues as I had all the supporting documents. But can this hurt me in future?
        3. I don’t recall doing this breech but the exposed code was authored by me and was available in the company’s code base, accessible to everyone in the org. Can this be used against me?
        4. Honestly I don’t care a lot about the money part but I am worried if it may hurt me in future switches. Also the emotional trauma I had to go through for the first few months, constant fear and uncertainty just anguishes me.
        5. Could I have handled it differently any better? Is the burden of proof on me or my ex employer needs to establish the accusation?
        6. Is it within my rights to ask for the proofs?

        Tldr;

        I was accused of exposing the company credentials and intellectual property (code) on a public domain website by ex employee in Q3 2024. I mentioned to best of my knowledge that it was not done by me and ever since they have been withholding my full and final settlement. I am seeking some options which I can consider moving forward to close the loop.

      • #19302 Reply
        Fiercehero3009
        Participant
          F
          Fiercehero3009
          PARTICIPANT
          April 8, 2025 at 9:46 am
          Burden of proof is on your company.

          You are absolutely within your rights to ask for proof.

          The background check – it really depends on the company e.g. some companies (usually foreign ones) are stringent about checking every detail about a prospective employee, so there’s that.

          Honestly, the fact that they are sending emails instead of legal notices makes it feel like they are just trying to back out of paying you money (at least based on what you have posted). The way i see it, you should be sending them legal notice lol

        • #19301 Reply
          Ashishmaster940
          Participant
            A
            Ashishmaster940
            PARTICIPANT
            April 9, 2025 at 6:53 pm
            Lawyer here

            1. No. Send a legal notice.
            2. There fault, something is fishy
            3. Have you received any legal notice? Where is the proof?
            5. Yes.

            • #19303 Reply
              Dineshpanther608
              Participant
                D
                Dineshpanther608
                OP
                April 9, 2025 at 7:06 pm
                Thank you for your reply. I was of the opinion that going legal way would be too draining effort wise but looks like I am not left with other option.

                Coming to the legal notice, I haven’t recieved any.

                For the proof, what I have heard from the ex colleagues that all they had was, a piece of code in question which was originally authored by me as it contained my email. However it was taken down from the public website before I could access.

                I do not know what that was or what proof company has documented against me as I never saw it.

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