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Salon owner facing charges for employee's unauthorized side job. What to do?

Hi,

I am a salon owner. A staff member, without informing me, went to work at another place.

The CID caught him and charged me with a criminal case and a fine of AED 50,000.

What should I do now?

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Rashid Khalil Obaid Advocates and Legal Consultancy
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3 Jan 2025, 02:10

We need to file an appeal against this order so that we can prepare the defense and try to convince the authorities of your innocence. We'll discuss the procedures in detail.

Kindly share your WhatsApp number if you wish to proceed with us.

Laila Hamza Al Mulla Advocates and Legal Consultants
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3 Jan 2025, 05:15

Dear questioner,

If your employee worked for another company without your permission, it does not make you liable if you had no connections to or profits from it.

You can submit evidence to support this, along with the work permit and clear documentation.

If you need further assistance, kindly share your WhatsApp number.

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Al Fahad Legal Consulting
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3 Jan 2025, 05:27

Dear Questioner,

Thank you for reaching out!

Based on your inquiry, it appears that one of your employees left your salon without prior notice, went to work elsewhere, and was subsequently caught by the authorities.

You are now facing a criminal case and have been charged AED 50,000 as a result. Here are the steps you should consider:

1. Review the Employment Contract:

The first step is to thoroughly review the employment contract of the employee in question. It is important to check the terms regarding notice periods, breaches of contract, and any clauses related to employment termination or competition.

If your employee violated these terms by leaving without notice and working for a competitor, this may strengthen your position in addressing the issue.

2. Understand the Criminal Charge:

From your description, it seems that the employee’s actions have led to a criminal case. This may involve charges for illegal termination of the contract, violation of labor laws, or issues with non-competition agreements.

It is crucial to understand why the CID (Criminal Investigation Department) charged you. Was the charge against you for failing to report the incident or for other reasons? You may want to consult with a criminal defense lawyer to clarify the charges and explore potential defenses.

3. Addressing the AED 50,000 Fine:

If you are being held financially liable for AED 50,000 due to the actions of the employee, it is important to check the legal basis of this fine. Was this amount related to damages, a penalty, or a fine due to the breach of labor regulations?

You should also examine the local labor law or any agreements (such as non-compete clauses) you have with the employee to determine if this fine is legally enforceable.

4. Appeal or Negotiate the Fine:

If the fine is not justifiable or seems excessive, you may have the option to negotiate with the authorities or even appeal the decision.

A lawyer specializing in labor or criminal law can help you challenge the fine or potentially reduce it, depending on the circumstances of the case.

5. Prepare for the Legal Process:

If you are summoned for any hearings, it is important to be well-prepared. Gather evidence such as the employee’s contract, termination documentation, proof of notice (if any), and any correspondence that supports your position. Having legal counsel can help you effectively present your case.

If you are unable to attend hearings or need assistance in managing the legal process, your lawyer can represent you in court.

6. Learn from the Situation:

Moving forward, ensure that your employment contracts are well-structured, with clear clauses about notice periods, termination, and penalties for breaches. It may also be useful to implement non-compete or non-disclosure agreements to protect your business from employees leaving for competitors.

Next Steps:

- Consult a Criminal or Labor Lawyer:

Given the nature of the criminal case and the financial penalty, I highly recommend that you consult a lawyer with experience in both criminal and labor law. We will be able to provide more specific guidance, represent you in court, and help you navigate through the legal process.

- Clarify the Situation with the Authorities:

Contact the relevant authorities to understand the charges against you and determine how you can resolve the issue.

I hope this provides clarity on the situation. Please do not hesitate to contact me if you need further legal assistance or if you would like to schedule a consultation.

Best regards,

Mohammed Salah

Legal Consultant

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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3 Jan 2025, 06:40

Gather any documents or evidence supporting your position, such as employment contracts, emails, or other communications with employees.

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London Center for Legal Consultancy Office
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3 Jan 2025, 07:21

Under UAE law, you should present a proper defense in the criminal case against you. You may need to provide evidence that you were unaware of your employee’s actions. It’s possible to negotiate with the authorities for a reduction in the fine or a settlement.

For further details, feel free to contact us via WhatsApp. We specialize in these matters and are ready to provide full support.

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Dar Al Haqooq Legal Consultancy
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3 Jan 2025, 07:49

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

As a salon owner facing a criminal case and AED 50,000 fine due to your staff working elsewhere without notice, you should immediately consult with us.

Gather all relevant employment documents, including any non-compete clauses, and document your attempts to contact the employee after they left.

Prepare a statement explaining your lack of awareness of their actions. Consider filing a complaint against the employee for breach of contract.

Cooperate fully with authorities while asserting your non-involvement in the unauthorized work. It's crucial to review and strengthen your employment contracts to prevent similar incidents in the future.

Remember, legal representation is essential in navigating this complex situation and protecting your interests.

Thanks & Regards,

ABDUL WAHIED

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