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  1. #1
    Join Date
    Aug 2013
    Posts
    3

    Default Writing Articles About Your Employer

    My question involves labor and employment law for the state of: India

    Hey guys...

    I am new to this so kindly help me out!!!

    I was working with this small business unit in New Delhi, India that actually made my life a living hell. I being a content writer expressed my frustrations by writing articles about the attitude of the firm. However, i never mentioned the NAME of the FIRM and any EMPLOYEES associated. I left the job without notice and have received this mail:::
    "
    Dear Mr. ABC,

    Your conduct has been extremely unprofessional.

    You stand in violation of the terms of employment, namely Clause 21 (f) of the HR rules, which reads as follows:

    The Employee shall not publish any material concerning, or making any public comment referring to the Company or its activities or individuals and other associated entities without the prior written consent of the Company.

    Therefore, you are not entitled to publish any article without authorization from the management, including the following:

    1. Why Indian Management Sucks? Story of a Survivor

    http://www.metroandyou.com/lifestyle...of-a-survivor/

    2. Why being a creative writer is like finding kryptonite

    http://www.metroandyou.com/lifestyle...ng-kryptonite/

    Furthermore, the contents of these articles are defamatory and you have contravened Section 499 of the IPC and Section 67 of the IT Act. Please be advised, that the offense is a non compoundable act punishable with a minimum sentence of 2 years.

    I would not refrain from taking action unless you remove the articles within the next twenty four hours and tender an unconditional apology for your slanderous comments on the internet.

    I hope that better sense prevails at your end and I will not be forced to take any unpleasant course of action against you.



    SO GUYS WILL THERE BE ANY CONSEQUENCES????? i have never mentioned any company name or the name of the management!!!!!!!!!

    Expecting a reply soon

    Ben

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Guys

    We don't do Indian law here, sorry.

  3. #3
    Join Date
    Aug 2013
    Posts
    3

    Default Re: Guys

    Anyone with Indian law info
    ???

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Guys

    The chances that you will find someone with knowledge of Indian law on an American law forum aren't overly high.

  5. #5
    Join Date
    Aug 2013
    Posts
    3

    Default Re: Guys

    Thanks a lot my friend

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Writing Articles About Your Employer

    My advice: Remove the articles.

    If you had any legal recourse against the company you should have taken it to court.

    But since you didn't have any recourse, or didn't want to spend the money on litigation, you mouthed off on the internet.

    Even in India nothing prevents them from suing you and making your life an expensive living hell while you pay thousands of rupees (or whatever) to a lawyer to defend yourself.

    Doesn't matter that you didn't name the company. There was obviously enough identifying information in your blog that gave you away and that could easily be enough to win a defamation lawsuit.

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