Can My ex employer sue me for solicitating its client?

Question

I use to work in financial services firm where I’m not sure the employment agreement I signed had non solicitation clause or not.
I got a 65% raise and a promotion year back and 6 months later they started deducting my salary by 40% during the lockdown citing non performance for which I have mails to prove. The performance was really upto the mark but the methodology ignored certain critical portion.
I did not got any intimation regarding this before.
I resigned to start my own firm and many clients showed interest to move with me. I took an undertaking on a letter head that they on their free will contacted me. I have also run some promotional content on social media which can be the source they figured out and approached.

My salary is due, so is gratuity and moreover they have defamed me by saying they fired me because I did some financial scam and sold customer data. I have proofs that client forwaded to me.

I want to know if I had signed a bond (on letter head) will that still be valid to sue me.

Sagar Hedge 1 Answer 270 views
0

Answer ( 1 )

  1. instalegal
    0
    2021-05-14T07:41:41+05:30
    Reply

    If you have not signed any non-solicitation clause, the employer cannot sue you however if the content which was mentioned on the bond paper signed by you is relating to the non-solicitation clause then in that case, they can issue you a legal notice and file a suit for rendition of accounts and damages. In doing so, they will have to prove that you have violated the terms and conditions of the appointment agreement between you and the employer.

    Further, the clients who have approached you independently and you have received the written communication from them regarding working with your firm, then in that case that is a valid proof for you to save from all the litigation that may be started against you by your ex-employer.

    As regards the defamation, you can send a defamation notice to the ex-employer for publishing wrong information with intent to damage your reputation and seek compensation for the same.

    You may contact the team of InstaLegal experts through whatsapp for further course of action as regards sending notice etc.

Leave an answer

Sorry, you do not have permission to answer to this question .