TOI had reported about Haque becoming a member of Cognizant in two articles printed in September and October. Wipro has referenced The Instances of India’s article within the info associated to the case. Wipro has demanded a jury trial. When TOI reached out to Wipro, the corporate stated it doesn’t touch upon issues which might be sub-judice.
Haque joined Wipro in 2010 as VP of enterprise utility providers in Bengaluru. Haque, a two-decade veteran at Wipro, was promoted as SVP and sector head for healthcare and medical units for the Americas final 12 months. He was managing a workforce of 21,000 folks liable for P&L, gross sales, technique, supply, consulting, and account administration.
Upon Haque’s promotion to the function of Wipro’s SVP and localization as a US worker, he was eligible to obtain greater than $1 million in fairness awards over a few years. Haque, Wipro’s criticism confirmed, that he agreed to sure restrictions on his post-employment actions, together with to not work for a small set of Wipro rivals for twelve months after his employment ended.
Every of the fairness agreements incorporates a non-competition covenant within the employment settlement prohibiting employment with Cognizant for the twelve months post-employment.
Wipro additionally alleged that Haque uploaded a number of Wipro information and despatched them outdoors Wipro to his private e mail account. “Shortly earlier than his resignation was to be efficient, Haque surreptitiously uploaded a number of Wipro information and despatched them outdoors Wipro to his private e mail account. Haque additionally misrepresented his intentions to Wipro on a number of events, untruthfully telling the Firm that he was not planning to work at Cognizant. Thus far, Haque has not even up to date his LinkedIn to replicate his new employment,” Wipro stated in its criticism in opposition to him filed in a US court docket.
Haque confirmed that his final day could be June 30 this 12 months, however he continued working throughout his discover interval and continued to make use of and depend on Wipro’s confidential data. “On or about June 20, 2023, simply as Haque was nearing the tip of his contractual discover interval (and fewer than two weeks earlier than his self-determined resignation date), Haque uploaded and, upon data and perception, emailed from his private Gmail account, seven Wipro information (collectively, the “Information”), in direct violation of the phrases of his Employment Settlement,” the criticism stated.
Wipro’s IT techniques flagged Haque’s actions, and the corporate wrote to Haque on June 22 alerting him that Wipro was conscious of his violation of firm coverage and his contractual obligations, and reminding Haque of his post-termination restrictive covenants, together with the non-competition covenants.
Wipro stated it requested Haque earlier than and after his resignation whether or not he was going to work for Cognizant. Haque, every time, denied that he was going to work for Cognizant. Wipro additionally requested Haque to signal a written certification confirming that he was not nonetheless in possession of any Wipro confidential data and that he had both returned or deleted completely all such data. Haque, the criticism stated, refused to signal the certification. Wipro’s counsel despatched Haque a letter on September 29 reminding him of his contractual obligations to Wipro and the implications for his breaches.
Haque’s counsel responded by letter on October 6 informing Wipro that the previous had been employed by Cognizant since August 1 after allegedly accepting an employment supply in July 2023 to grow to be Cognizant’s chief industrial officer, the criticism confirmed.
Wipro stated Haque’s employment with Cognizant is a transparent breach of his non-competition covenants because of Cognizant’s standing as a direct competitor of Wipro, Haque’s high-level, industrial function for Cognizant which, upon data and perception, will make Haque liable for all 4 of Cognizant’s enterprise segments, together with well being sciences (which he was liable for at Wipro).
As per the phrases of his employment settlement, Haque agreed “to pay Wipro such sums as could be equal to his gross remuneration earned by him over the past twelve (12) months of service with the corporate” if he violated his noncompete covenant. Haque, Wipro stated, acknowledged this consequence of his breach when reviewing the employment settlement in 2021.”
Haque additionally agreed that he would “be liable to pay Wipro” the worth of the ADS or multiplying the entire variety of ADSs or PSUs awarded by the share value on the date of the award. He has not repaid Wipro the remuneration he acquired over the past twelve months of his employment, nor has he paid the corporate the worth of the ADS and PSU awards, the criticism stated.
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