أسئلة وأجوبة
How to defend yourself against a breach of trust case filed by your employer?
Hi
My friend left her job 6 months back and started working as a freelancer. She had signed an NDA and her MOL contract had a non-compete clause as well.
Her old company has filed a breach of trust complaint at the police station for sharing company secrets in her communication with their old clients.
1. Does this qualify as a criminal case? Her lawyer says it was after her resigning so should it not be civil?
2. What’s her worst-case scenario? Fines? Imprisonment? Deportation?
Dear Inquirer
We are pleased to serve you and address your inquiries.
The evidence provided regarding the disclosure of company secrets and the extent to which it violates the terms of the contract should first be verified.
If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Advocates & Legal Consultants
Hello,
In the UAE, the non-disclosure agreement (NDA) and the non-compete clause are not just civil matters but can have criminal implications if the sharing of confidential information results in harm to the company.
Misuse of confidential information can be classified as theft of intellectual property or fraud if it leads to significant financial loss or business harm.
While the non-compete clause is a civil matter, if she has violated it, the company may file a civil lawsuit seeking compensation for any harm caused.
The company could claim damages if they can prove that your friend's actions caused them financial losses.
However, violating the non-compete clause in itself doesn’t carry criminal penalties unless it involves other criminal behavior like theft of confidential information or fraud.
For further assistance, kindly share your Whatsapp number.
In this case, it is likely that the former employer has filed a civil case against your friend for breach of contract, specifically the non-compete clause and the NDA.
However, if the company alleges that your friend has stolen confidential information or committed other criminal acts, it could potentially escalate it to a criminal case.
The worst-case scenario for your friend would depend on the specific charges and the evidence presented by the company.
If found guilty of a criminal offense, she could face imprisonment, fines, and potentially deportation. However, if the case remains civil, the potential penalties will be monitory damages
If there has been a breach of the non-disclosure agreement or non-compete clause, the case could be considered either criminal or civil, depending on the specific details.
The consequences could include fines, imprisonment, or deportation if it is deemed a criminal case.
For a more tailored legal consultation, we suggest providing further details via WhatsApp.
At London Legal Consulting Center, we specialize in these matters and are here to assist you.
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
Your friend's situation could qualify as a criminal case under UAE law, as a breach of trust is considered a criminal offense, even if it occurred after resignation.
The company filing a police complaint suggests they are pursuing criminal charges rather than a civil case.
Worst-case scenarios include imprisonment (ranging from one month to three years), fines (up to AED 30,000), and possible deportation after serving the sentence.
It's critical for your friend to work closely with her lawyer, who can assess the evidence and build a strong defense to mitigate potential consequences.
For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.
We will be happy to help you.
Thanks & Regards,
ABDUL WAHIED