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The courts in India have held in its various judgments that in the event of breach of contract by the employee, the employer shall be entitled to recover damages only if a considerable amount of money was spent on providing training or incurred other expenses for the employee which must be proved with evidence in the
Types of Damages1 Ordinary damages. On the breach of a contract, the suffering party may incur some damages arising naturally, in the usual course of events.2 Special Damages.3 Vindictive or Exemplary Damages.4 Nominal Damages.5 Damages for Deterioration caused by Delay.6 Pre-fixed damages.
The only viable option for proceeding against an employee whose conduct appears to have been at the very least negligent and that resulted in damages to the employer is via a claim of fiduciary breach. The employer must demonstrate that the employee's actions went well beyond mere negligence.
If a lawsuit is filed and the court of proper jurisdiction rules in favor of the employee, damages may include back pay, front pay, compensatory damages, required reasonable accommodations, injunctive relief, punitive damages, promotion, reinstatement and the reimbursement of court costs and legal fees.
In the event of breach of contract by the employee, the only remedy available to the employer is to obtain a reasonable compensation amount. The compensation amount awarded shall be based upon the actual loss incurred by the employer by such breach.