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Company wants to frame me for Dual Employment
Question
Hello sir,
I am working full time in X company, were in the appointment letter it was mentioned that I couldn’t join any other company while working here. I joined on “September 1, 2020”. We also have a family business (Y company) doing the some of the same services as my present employer but started long back in 2014. I was just a mentor there occasionally helping their team as it has a completely separate setup. I have never taken any salary, there were no formal appointments, no PF nothing. The proprietorship is with my MOM’s name.
Now the new management of X company, because of some relocation issues, wants to use this pointer, as they saw in my LinkedIn I have mentioned myself as co-founder of the Y company and constantly threatening me to take legal actions against me. They also mentioned that I am still an employee of X company, but already collected my laptop, access card everything, but now denying that I volenterally submitted them to X company.
Now in this complex situation, I want to seek your help, to understand whether they can really take any legal steps against me.
Answer ( 1 )
Firstly since you claimed yourself to be a co-founder, that goes against your appointment terms and conditions however they will not be able to prove that you were a co-founder from the documents or from the bank accounts inasmuch as you have not received any remuneration from your mother’s company. If in your agreement it is provided that even free consultation cannot be provided then you may not have a good case otherwise get a lawyer’s notice i.e. legal notice issued to the company.