Starting A Competing Business

Summary

Without a signed contract, your former employers legal actions may be limited. Employee solicitation involves encouraging employees to leave and join your new company, which can be seen as unethical or unlawful. However, proving wrongdoing without a non-solicitation agreement is challenging. If proven guilty, consequences may include legal injunctions, financial damages, and reputational harm. Typically, this is a civil issue, not involving police unless criminal activity is evident. Keep records of communications, consult a local labor lawyer, and avoid further contact with former colleagues. Consider sending a formal demand letter for contract documents.

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i WAS working in a company and i have started my own company in the same domain and the employer finds out about it and he terminates me he is threatning me to file a legal case against me plus he has taken two Of the existing employee to confess in writing that i offered them a job , note the company did not provide me with salary slip, and promotional offer letter the company did not ever made me sign any contact or agreement that has any obligation that could restrict from any misusing anything what legal actions can the company take against me in this scenario
Hi Arun,
Thank you for providing the details. Just to clarify, did your previous employer ever make you sign a non-compete or confidentiality agreement? This information will help in understanding your legal position better.
ALSO I HAVE SENT THEM TWO MAILS TO PROVIDE ME WITH THE CONTRACT LETTER, I HAVE NOT HEARD BACK FROM THEM , WHAT SHOULD I DO
Hello Arun,
Since you haven't signed any contract, non-compete, or confidentiality agreement, your previous employer's legal actions may be limited. Here are some steps you can take:
- Keep records of all communications with your previous employer.
- Consider sending a formal demand letter requesting all relevant documents.
- Consult with a local labor lawyer for personalized advice.
Would you like more information about how to send a formal demand letter?
YES
Hi Arun,
To send a formal demand letter:
- State the purpose of the letter clearly.
- Mention the documents you are requesting.
- Set a reasonable deadline for their response.
- Include your contact information for any follow-up.
Would you like a sample format for the demand letter?
CAN THEY FILE AGAINST ME IN THIS SCENARIO?
Hi Arun,
Based on the information provided, since you haven't signed any contract, non-compete, or confidentiality agreement, your previous employer’s ability to file a case against you might be limited. However, they may still attempt to pursue legal action based on other grounds like solicitation of employees. It is advisable to:
- Consult with a local labor lawyer for personalized advice.
- Keep records of all communications and documents related to your employment.
Would you like a sample format for the demand letter?
WHAT IS SOLICITATION OF EMPLOYYES
Hi Arun,
Solicitation of employees refers to the act of encouraging or inducing employees of your previous employer to leave and join your new company. Here are some key points:
- It may be seen as unethical or unlawful, especially if done through improper means.
- Without a non-solicitation agreement, proving wrongdoing can be challenging for your previous employer.
Would you like more information on this?
BUT THERE IS NO PROOF, BECAUSE I DID NOT PROVIDE THEM WITH ANY OFFER LETTER
Hi Arun,
Since there's no written proof of you soliciting employees, it may be challenging for your previous employer to prove any wrongdoing. Here are some steps you can take:
- Maintain all records of communications.
- Consult with a local labor lawyer for personalized advice.
- Avoid any further communications with employees of your previous employer.
Would you like assistance in finding a local labor lawyer in West Bengal?
YES
Hi Arun,
Here are a few steps to find a local labor lawyer in West Bengal:
- Visit the West Bengal Bar Council website for a list of registered lawyers.
- Seek recommendations from friends or family.
- Use online legal services directories like JustDial or Sulekha.
Would you like more detailed guidance on selecting a lawyer?
WHAT IS THE MAXIMUM THAT CAN HAPPEN IF I SAM PROVEN GUILTY
Hi Arun,
If proven guilty of solicitation of employees, the possible consequences may include:
- Legal injunctions preventing further solicitation.
- Financial damages awarded to your previous employer.
- Reputational harm affecting your new business.
Consulting a local labor lawyer can provide personalized advice based on your situation. Would you like more information on contacting a lawyer in West Bengal?
DOES THIS INCLUDE COPS
Hi Arun,
In matters of employee solicitation, it is typically a civil issue rather than a criminal one. Therefore, it's less likely to involve the police unless there is evidence of fraud, theft, or other criminal activity.
Would you like more information on civil and criminal distinctions in such cases?