in Contracts Law
Asked May 26, 2017

Restrain of Trade

  • 1 Answer

Hi, I am employer of IT Concern, I would like to know what are the possibilities of legal action against Ex Employee's and Current ones whomsoever misuses/leaks/sells our company data or leads, and also try to contact our clients misguide them by various possibilities. Recently I had a very bad experience against one employee who did all this, but couldn't take any action without having any evidence. Had very big loss due to this issue by money also the client. Kindly let me know preventive steps for this kind of attitude and Legal steps against them. Do revert me. Is there any format like NOC for getting their certificates and retain them atleast they will not misuse our client data. Regards SK.

Answer 1

It is advised that you need to modify your employment contract to include these points so that your employees are aware about the restriction in advance. In case they use the data like you have mentioned, you can employ the contract to file a suit against them in the future. Make sure that your terms are not over-bearing to restrain the employee from working, after leaving your company as it can lead to invalidation of the contract. 

Agree Comment 0 Agrees over 4 years ago

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