#AskPS
Nirbhay Tripathy .

Recently one of my employee left the job and started approaching my clients to get work.
How can we prevent such acts?
Can anyone help me to draft a really good non disclosure agreement or a contract/code of conduct for employees so if someone breach privacy policies, moonlighting,
After leaving the job use our portfolio for approaching the clients so we can sue them legally.

Originally Posted Here
24 Comments

Krinal Mehta

Might be worth hiring a lawyer, one breach could pay the lawyer’s fees several times over.

Buji Roman

Check ib

Shivakumar Valadi

An additional question - even if we can contractually (and legally) stop an ex-employee from poaching clients, is there any way to stop them from sharing that information with another party who can act on their behalf and approach the clients

Nirbhay Tripathy

No certainly not but if we found someday that particular person is indirectly involved might be some chances?

Also having a legal agreement may create psycological pressure too which may reduce the chance

Udai Kiran Sirimalla

These kinds of non-compete agreements are illegal in most countries.

Shivakumar Valadi

And another extended question...

Honestly speaking, when we hire an experienced sales person, we do expect them to use their connects to develop business... Or don't we??🤔🤔🤔

Nirbhay Tripathy

personally I don't like to kill any other company Business and offer my services
May be due to nature of business I did not had to do that.

Shivakumar Valadi

Great to hear that!!

What I said was from my personal experience during my corporate avatar, when my employer wanted me to connect to all my older connects, but had the no-compete clause when people left them

the best way to ensure clients stay with you is to continuously deliver good service and also stay engaged.

There is always a percentage of clients who will be part of the churn.. shrug your shoulders, accept it, have a swig of your coffee (or beverage of your choice) and move on

Nirbhay Tripathy

true most of the employer does that

True I agree with you.
It's my goodwill that my those clients informed me about that.:)
Or else I did not know it's also happening:D

Gangesh Pathak

Better sign NDA with clients. Also add a clause in Appointment letter or contract (In case of contractual employee)

Shaju Nair

No way you can stop that. But if you have built a value around your business model or built a brand around your company, you will not lose business

Ashutosh Senger

Have a non-solicitation clause in your employer employee agreement.
There are certain clauses which one should certainly have in their contracts with clients, vendors and employees. Feel free to get in touch should you want to know more.

Aditi Chadha

I got one built myself for my company. You may reach out to me.

DrNeha Savla Shah

You can also mail your clients about that xyz is no more with the organization and we received complaint that they are using your reputation

Gururaj Rajur

Nothing stands substantial over a certain period of time. For any citizen/emoloyee it's his fundamental right to approach for job or work.
Only way is to avoid such acts by is signing aggrement wit Client. That too of the client is willing to hire he may not even bring it to your notice or can show it as someother project .

Gautam Lal

In your employment contract you can add a clause stating that for a certain period he/she(your employee) can't poach your clients. This will help you in some way but if the client wants to work with him in one way or the other it becomes a little difficult. If you need help in drafting the contract let me know.

Kamonasish Aayush Mazumdar

You should be very surprised, if not completely alarmed, if your employee can single handedly get your customers.

Shahid Khan

You should add the Non Compete Agreement clause in agreement

Techie Lawyer

A non solicit agreement cannot be enforced (i.e the court will not support you) after the termination of the employment. The non-solicit clause can only be used to put pressure, but you won't succeed if you go to court.

Harish Ibrahim

If employees see your company as mere source of income, you cannot do much with a non compete agreement, and taking it legally.

Best is, put effort on building your company and build a strong bond among team members.

If you really want to sue him, I would suggest you to consult a psychiatrist first and take medicines. These cases won't fly in the court and you are wasting your time and energy.

Nirbhay Tripathi

how can you define the bonding among the team members?

Everyone talks a lot about the open work culture.

Care about your people people will care your company

Do not micromanage trust others

And blabla lot of Management lessons people give


But when it comes to practical scenario things don't work like this.


I maintain very good relation with my people.
I care about them
I give them privileges

Those who are doing this I've given them a lot than another company will do for them..

And can you please explain to me To whom you r asking to consult psychiatrist? And why?

Do you consult psychiatrist for all your life problems?

Harish Ibrahim

Calm down a bit, I mentioned a psychiatrist coz you are delusional. You can do anything with non compete agreement in Indian courts other than wasting your time and money. Talk with lawyers and get back to reality.

Regarding the problems, you have to figure out yourself. If you are successful at building good human relationships, you can build a strong team that doesn't bite back you.

Nirbhay Tripathi

you are very judgemental

I am delusional or not but you are very judgemental I can say.
And you really need someone good consultant to get rid of this habit.

I posted here for the option and for the opinions.
It is feasible or not this is what I wanted to know.
Read my post again.

Who given you right to judge my personality.

I have seen many good cases where people bite back.
Nowadays people don't have gratitude and patience.

Why people bite back because they lack ethics.
If they would have ethics and gratitude and patience they would find a better way to do things without harming any other person life or business.

But people try shortcuts. So it is also about the character of the person who is biting back. It is not all the time employer is responsible for every shits happening.

and again I'll suggest stop judging others if you cannot give a constructive feedback on something.

You can schedule appointment we both need psychiatrist I believe.

You may be calm externally but not internay, I can see that.

Harish Ibrahim

I know I was little judgemental, but I don't have any intention to hurt you or find pleasure in that. I gave you an advice from my life experiences, it is up to you how you see it. I also agree with a lot things you said in your reply. I am not discouraging you to drafting you a non compete agreement, but suing a ex employee is worst of time.

Take care and have great day:)

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