Some context. Worked at an early stage startup around 1.5 years ago. This startup works in the Computer Vision space and does a lot of experiments(no direction at all, will take some project from some fintech company one day, some project from healthcare, and then some project from some random company, basically these go nowhere), I worked with one of the projects that involved document processing and it got some revenue.
At my last day, I was made to sign some agreement which included non compete.
1.5 hears later, today, I’ve joined a startup that works in FinTech domain and has been doing pretty good, and they sent a BGV check to my previous employer, and those guys are saying they won’t do BGV and that I’m violating the non compete agreement. They think entire world is their competitor, honestly, they’re nothing and no one even gives a fuck about their existence.
What can I do here?
Usually the non-competent clause is for a year. Check your old offer letter
Couple of things
Non compete incase of employment is not legally tenable in courts in India. Indian companies just add it to threaten and browbeat employees. Same is the car with Bonds.
It often happens in India that some previous company creates hassles in BGV. In such cases best way is to discuss with HRBP of new company and BGV company if there are other ways of completing BGV for the troublesome company - eg does payslip and reference of a colleague who worked together help, or PF statement etc.
One of my friends faced similar issue and he mentioned to the BGV company that he didn't part ways in the best of terms so previous company might create an issue . It was resolved when BGV spoke to a colleagues from prev company
Thanks. My HRs could see through the shit, also my manager talked to them and its sorted. Just wanted to post here and vent it out, and let other people know this story so that they can be wary of such situations in the future
what? they do this shit in bgv? i thought it's supposed to just verify the details and all...why are they reaching out the old employer directly
So they reached out to my old employer’s HR, just to do the BGV check. I already joined the current company a month ago, but in the BGV this thing came up. Good thing that my HR caught their bullshit. Their main websites states nothing about them being a FinTech product company.
How do you think they verify old employment without connecting with old employers? 😅 I am in a BGV company, they definitely reach out to old employers.
Non-compete clause aren’t enforceable in the court of law. But still amicably try to resolve the matter . Discuss with your present employer.
+1 Non compete clauses are not enforceable
A couple of options, most of these would depend on the cooperation of the new company’s HR though.
They can ask the BGV player to verify info through EPFO Establishment search - month wise contributions and list of employees is there in this, they will be able to verify months of your employment from there. You are essentially asking them to disread the non compete part, they as a new employer are not beholden to your agreement with previous employer. They can still hire you. Alternatively, they can close this employment check, and start the previous employment check prior to the one in question. Or alternatively yet again, they can just close the employment check and move on from there
I switched recently from Quantiphi. This was my first switch. It has been more than two months now. And I've still not cleared the FnF with them.
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