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I'm currently employed in a startup in India. I have been working here for 1 year, and have signed non-compete agreement (electronically or digitally).

Recently a person contacted me in Linkedin explaining my need for his project. The project is also similar to my current company projects.

I had a discussion with him personally and shared quotations and documents representing myself and not any of my company. Everything is representing me and documents also specially made. I have not signed any documents also I have not gotten any money from him.

Will this be a problem? If so what will be the solution?

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    What is a "non-competent"? You mean a "non-compete"?
    – Ron Beyer
    Aug 15, 2020 at 15:46
  • Sorry sir. I have edited.
    – All is Well
    Aug 15, 2020 at 16:03
  • @RonBeyer if only non-competent clauses existed...
    – Tiger Guy
    Sep 7, 2021 at 12:53

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This is almost assuredly in violation of your non-compete (assuming that is what you mean).

Company documents would be covered under a non-disclosure agreement, so it doesn't matter if you generated them yourself or shared company documents. The key part of a non-compete is that you agree not to engage in work that is similar to the work/business of the company.

The only solution would be to have your company that you have the non-compete with sign off on you doing this work. This means you need to be very open about what they are requesting, what your function will be, and what solutions you will provide. Further muddying up the situation would be IP ownership, your current employer may have claim to anything you develop for this other company/person. Make sure that the other person knows this (and they will probably walk away if they are smart).

Honestly this is one of those situations you don't want to be in, you should decline this request now before you get further in trouble. Even quitting your company may not relieve you of the non-compete for some period of time (on the order of years).

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  • Hi sir. Really thanks a lot for your reply. Assume I'm being sued by my employer, for this act of sharing documents. What will be my penalty, considering myself a poor guy indeed.
    – All is Well
    Aug 15, 2020 at 15:58
  • The penalty will depend on what the "remedy" is. They could sue you for quite a bit and make you nearly unemployable. I'm not sure about India's laws, but other countries can garnish future wages significantly for the rest of your working career if needed. Just defending yourself can be extremely expensive.
    – Ron Beyer
    Aug 15, 2020 at 16:14

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