Non compete clause in appointment letter and Salary not paid from last 2 months.

[User_41e953bb]

U

User_41e953bb
PARTICIPANT
January 14, 2025 at 8:40 am

I am serving my 90-day notice period as Assistant Sales Manager at Current Company, I will be joining a direct competitor, in a distinct role as Technical Applications professional.

The Managing Director of my current company is aware of my transition and has mentioned that the appointment letter I signed contains a non-compete clause. This clause restricts me from joining a competitor for a period of 1 year. However, I would like to highlight that I have not received my salary for the past 2 months, and there is uncertainty regarding the issuance of my relieving letter.

In light of these circumstances, I am concerned about potential legal action from my current employer. Could you please advise me on the following:

1. Can my current employer take legal action against me for joining a competitor, despite the non-compete clause?
2. If they do take legal action, what steps can I take to protect my interests?

Appointment letter which i have signed states ” post job resignation, you for a period of 1 year shall not join/assist/ provide any service to any direct competitor of the company directly or indirectly.

I appreciate your guidance on this matter.

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[Brightowl5321]

B

Brightowl5321
PARTICIPANT
January 14, 2025 at 10:21 am

Lawyer here.

Non-Compete Clauses are not legally enforceable. They cannot do anything. You can work for any employer you want. The most they would do send a Legal Notice to you. Of course, nothing stops them from filing a frivolous suit against you. But I will not be worried if I were you.

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[User_41e953bb]

U

User_41e953bb
OP
January 14, 2025 at 10:29 am

Ohhh, thanks. What to do in that case if they send a legal notice.

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[Brightowl5321]

B

Brightowl5321
PARTICIPANT
January 14, 2025 at 11:10 am

You respond through a lawyer. That is usually the best way out. It is possible that you may not understand each allegation contained in the notice. So consulting a lawyer is important.

You you do not need to be so worries. These problems are being created by idiot HR Managers who are ignorant and lack awareness about basic laws.

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[User_41e953bb]

U

User_41e953bb
OP
January 14, 2025 at 11:12 am

Understood, thank you very much kind person.

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[Brightowl5321]

B

Brightowl5321
PARTICIPANT
January 14, 2025 at 12:12 pm

Also, they are not legally entitled to withhold your salary. To maintain a record, please issue an email to your HR department asking why salary has not been credited to your account.

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[User_41e953bb]

U

User_41e953bb
OP
January 14, 2025 at 12:44 pm

Already done that, thank you.

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[User_08d45025]

U

User_08d45025
PARTICIPANT
January 14, 2025 at 2:27 pm

NAL

Keep track of those mails in your personal space as sometimes they lock your laptop and you would not have anything on hand to show for proof !

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[User_41e953bb]

U

User_41e953bb
OP
January 14, 2025 at 2:39 pm

Understood, will do that, thank you very much.

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