1. #1
    Unregistered

    What type of legal action can be taken on employee who is working as freelancer for one of our client after leaving our organization?

    One of our employees recently resigned from the company. He was working on the project of one of our client. After 2 months we came to know that the same employee is working as freelancer to one of our client directly. Can we take any legal action against him? We are losing business of him. What should we do? Please guide.

  2. #2
    Labournet Law Consultancy Array
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    2nd Floor, Patel Complex, Basin Road, Ernakulam, Kerala
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    Re: What type of legal action can be taken on employee who is working as freelancer for one of our client after leaving our organization?

    You cannot take any legal action if a previous employee is working with your competitors as a

    freelancer. If he is working with you and also working with your competitors then you can take

    legal action. But since he is not working for you you cannot take any action against him. After

    leaving your company he has a right to work for any of the company he wish.

  3. #3
    Ashok Array
    Join Date
    Jul 2012
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    Re: What type of legal action can be taken on employee who is working as freelancer for one of our client after leaving our organization?

    Quote Originally Posted by Unregistered View Post
    One of our employees recently resigned from the company. He was working on the project of one of our client. After 2 months we came to know that the same employee is working as freelancer to one of our client directly. Can we take any legal action against him? We are losing business of him. What should we do? Please guide.
    Dear Aspirant,

    Any body is free to work any where.when one of employee is now directly working at the site of your client,you can only see whether he has fulfilled the criteria to leave your job.If not you can ask him to do so.

    IF HE IS NOT TAKING CARE of IT ,THEN YOU CAN NOT GIVE HIM RELIEVING ORDER & you can not settle his financial account,if any ,pending with you.Apart from these things you are not supposed to do any thing.otherwise dispute may arises.

    Thanks.


  4. #4
    daffodil Array
    Join Date
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    Re: What type of legal action can be taken on employee who is working as freelancer for one of our client after leaving our organization?

    Hi friend

    As that person has resigned from your company so it means he is no longer an employee of your company . Now its his will whatever he wants to do after leaving your job and you cant force him to not work with your client. He can work with anyone he wants to as long as he is not bound by you . You have actually no right to stop him from working with your client. As he is a freelancer he has the right to work with anyone he wants.

    So in other words you cant take any legal action against him as you have no genuine grounds for the same.Now as you are losing business because of him you should try to improve your services so that the client automatically comes to you for work and not to him. Develop a healthy competetive spirit an dtry to fight against your opponents rather than feeling weak.

    Good luck

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