Call Back Request
Track Your Request
+91-7604047602 Legal Blog For Students Free Legal Advice Lawyer Login
Menu
arrow_back

Q. Employee fled with valuable information

Placeholder image

Dipanwita Biswas

posted 11 months ago

Q.Employee fled with valuable information
I am an entrepreneur and one of my senior employees suddenly shot an email of resignation and stopped coming without any notice. He possesses valuable and confidential information of the company. We are not understanding his motive. He is not responding to emails or phone calls. What is the way to tackle this situation?

Please do not provide your contact details here. We share your contact details on demand from the client.

Your Registration is Incomplete. Please Complete the Registration

Sorry, Your Profile is not activated.

Sorry, You can't respond to the Question as your account has been blocked.

Response is Required

Response should be with in 4294967295 characters

~ and ` characters are not allowed

Symbols are not allowed (Excluding #)

# Symbols is required

Simi Paul

Experience: 1 Year(s)

Responded 4 months ago

View All Answers

A. ) Hi client,
Kindly see the terms and conditions that you had with him at the time of his employment to your company. Consult a good lawyer and send a legal notice stating the same.
Thank you

Reply is Required

Reply should be less than 4294967295 characters.

Helpful
Helpful
Share

Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 11 months ago

View All Answers

A. ) Dear Sir,
You may lodge a complaint with Cyber Police and get issue a Legal Notice and also give paper publications.

Reply is Required

Reply should be less than 4294967295 characters.

Helpful
Helpful
Share

Shah Rukh Ahmad

Experience: 3 Year(s)

Responded 11 months ago

View All Answers

A. ) At the time of his appointment if a Non-Disclosure Agreement was executed with him or in his employment contract any clause with regard to confidentiality of information was included, then you accordingly send a Legal Notice to him asking him to desist from sharing any information with a third party and claim damages for breach of the same. Also whether any clause with regard to Notice period to be served by the employee was included or not. If there is a clause with regard to serving a stipulated Notice period or of paying salary in lieu of the Notice period, then you may also ask for compensation for that amount. If a Non-Compete Agreement was also executed then the same can also be used to stop the employee from joining a competitive workplace. After sending a Legal Notice you may then proceed to file a case for breach of contract based on the above grounds and claim damages. Alternatively you may also file an application for an injuction to stop the employee from disclosing the information and if there is also a Non-Compete agreement/clause in the Employment Contract, then from joining a similar competitive entity.

Reply is Required

Reply should be less than 4294967295 characters.

Helpful
Helpful
Share

SUBRATHA RAY

Experience: 5 Year(s)

Responded 11 months ago

View All Answers

A. ) While recruiting a employee every company follows the procedure following up with the agreement or the contract as well as the terms and conditions signed by both the parties.
You have to send a legal notice for breach of contract under section 74 of Indian Contract Act, 1872. You can claim compensation for such damages and you can get relief by the civil laws on the basis of the contract agreement.
Lodge a complaint to the concerned jurisdiction of the office location for taking away or stealing your valuable goods and shall be prosecuted under Indian Penal Code 1860 Section 378,379.

If there is any data loss or theft of the data from the company data base or the company then it's a cyber crime and you can get relief by lodging a complaint in the cyber crime department too. He shall be prosecuted under IT ACT 2000 section 43, 65, 66,70,72.

Reply is Required

Reply should be less than 4294967295 characters.

Helpful
Helpful
Share

Banerjee Law Chambers. Prodyut Banerjee- Advocate

Experience: 12 Year(s)

Responded 11 months ago

View All Answers

A. ) Immediately lodge a general diary with the concerned police station. Then file a case under section 156(3) of the code of criminal procedure. Simultaneously you may initiate other legal actions. Consultant a Corporate Lawyer.

Reply is Required

Reply should be less than 4294967295 characters.

Helpful
Helpful
Share

Abhimanyu Shandilya

Experience: 15 Year(s)

Responded 11 months ago

View All Answers

A. ) I hope that you had an employment agreement executed by that employee. If yes then you can take action under the civil laws and enforce those contractual terms and ask for compensation for breaching the terms and conditions.
If he has taken away any valuables or proprietary stuff then you can lodge Police complaint too.

Reply is Required

Reply should be less than 4294967295 characters.

Helpful
Helpful
Share

Download the Clients App on

Vidhikarya App on Android Platform

Contact Details

7604047602
[email protected]
505-A, Terminus Building,
Newtown, Action Area I,
Kolkata 700156

Download the Lawyers App on

Vidhikarya App on Android Platform

Certified by Startup India, DPIIT

startUpIndia

Payment secured by :

PayUMoney PayPal net banking
visa master maestro