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Non Compete Clause Concerns
Summary
Non-compete clauses should be reasonable in scope, duration, and geographic area. Their enforceability in Maharashtra can vary. If you join a company like Apexon, which is also a vendor for TATA AIA, it may or may not breach your non-compete agreement with MindCraft. Consider consulting a lawyer for specific advice on your situation.Full Conversation
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Hello! How can I assist you with your legal issue today?
I was employee of Mindcraft and was deployed to tata aia client. In tata aia client there are other vendors also like comunus mphasis apexon EY etc.
It sounds like you might have a legal issue related to your employment or deployment. Could you please specify the issue you're facing? This will help me provide more relevant information.
So when they have released me they sent me below email
Could you share more details about the content of the email and the specific issue you're facing with your release from employment? This information will help me provide more relevant legal information.
Hi Rahul,
Further to the below mail, we are relieving you from the services of MindCraft with immediate effect i.e., Friday, September *, *, by giving 1 month salary in lieu of notice period.
Full & Final settlement will be released on completion of 45 days and relieving letter not later than 2 months from your last working day provided a proof is submitted that you have not joined the same client.
You cannot solicit or accept employment or contract to work from the following for a period of 1 year from your last working day.
*. Any MindCraft alliance with whom you have dealt with as a MindCraft employee in the last 1 year.
*. MindCraft customers whom you have served during the last 1 year of your tenure at MindCraft.
@Radhika Pradeep Sawant: please get in touch with Rahul for his client/MindCraft assets.
Regards,
HRD
Case Rating: *
It appears your employer has included a non-compete clause in your termination. Here's some general information:
- Non-compete clauses should be reasonable in scope, duration, and geographic area.
- Such restrictions should not excessively hinder your ability to earn a livelihood.
Is there any specific part of the agreement that you find problematic or unclear?
It appears your employer has included a non-compete clause in your termination. Here's some general information:
- Non-compete clauses should be reasonable in scope, duration, and geographic area.
- Such restrictions should not excessively hinder your ability to earn a livelihood.
Is there any specific part of the agreement that you find problematic or unclear?
So after that i have joined apexon then they have sent below mail
Case Rating: *
It seems like you're dealing with a non-compete clause issue. Non-compete clauses can be tricky, and it's crucial to understand their enforceability and implications. Could you please share the content of the email sent after joining Apexon? This will help in assessing any potential conflicts or legal concerns further.
It seems like you're dealing with a non-compete clause issue. Non-compete clauses can be tricky, and it's crucial to understand their enforceability and implications. Could you please share the content of the email sent after joining Apexon? This will help in assessing any potential conflicts or legal concerns further.
Before that i have one question if i join Apexon which is tata aia’s vendor is there any legal breach based on email they have sent while releasing?
Case Rating: *
The non-compete clause in your release email prohibits joining clients or alliances you've worked with in the past year. Before joining Apexon, assess:
- If Apexon is a MindCraft alliance or customer within the last year.
- The enforceability of the non-compete in Maharashtra.
Consider consulting a lawyer for specific advice if you're unsure about potential breaches.
The non-compete clause in your release email prohibits joining clients or alliances you've worked with in the past year. Before joining Apexon, assess:
- If Apexon is a MindCraft alliance or customer within the last year.
- The enforceability of the non-compete in Maharashtra.
Consider consulting a lawyer for specific advice if you're unsure about potential breaches.
I have worked for TATA AIA client and like Mindcraft, Apexon was also a vendor of tata aia
Case Rating: *
It seems like you might be facing a potential non-compete clause issue. Here's some general information:
- Non-compete clauses should be reasonable in scope, duration, and geographic area.
- The enforceability of non-compete agreements in India, and specifically in Maharashtra, can vary and often depends on the circumstances.
Since you have joined Apexon, which is also a vendor for TATA AIA, it may or may not constitute a breach depending on the specific terms of your non-compete clause and your previous dealings with MindCraft.
If you need more clarity or specific advice, consulting with a lawyer might be beneficial. Would you like me to help you connect with local lawyers who can better assist you with your case?
It seems like you might be facing a potential non-compete clause issue. Here's some general information:
- Non-compete clauses should be reasonable in scope, duration, and geographic area.
- The enforceability of non-compete agreements in India, and specifically in Maharashtra, can vary and often depends on the circumstances.
Since you have joined Apexon, which is also a vendor for TATA AIA, it may or may not constitute a breach depending on the specific terms of your non-compete clause and your previous dealings with MindCraft.
If you need more clarity or specific advice, consulting with a lawyer might be beneficial. Would you like me to help you connect with local lawyers who can better assist you with your case?
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