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Transfer to a competitor

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1 Transfer to a competitor on Tue Jun 26, 2012 10:52 pm

xtintin12


Arresto Menor
Dear all,

I stumble upon this forum while searching for my current situation over the net, I am hoping you can shed me some light.

I was an employee from a lighting company for 8 months as a Business development officer. I do not remember signing any non-compete clause, neither do i remember having signed a waiver for it.

I received an offer from a company that carries wires, but would expand their lines to lighting. For reason of 'better opportunity' since this offer would be like a promotion of some sort, not to mention the increase in benefits and salary, I moved. Previous company offered to pay for the hospital expenses of my sister plus a car (which is not really initially offered), but as per advise of my mother and upon deep discernement, I still have decided to move.

A month after, I heard news that the company is planning to sue me for moving to the company.

My question is:
1. Would my company now be considered a direct competitor?
2. What should be my action plan?
3. Is this possible to push through?
4. If worse comes to worst, would resigning on my current company be a good idea?
5. Would this involve my current company? (By involve, I mean would they be sued too?)

I would appreciate help, since I am at the moment at a lost on what I should do. Frankly, I am nervous that this would damage my career. This is the first time it happened to me. Help!

Thanks,
Tin

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2 Re: Transfer to a competitor on Wed Jun 27, 2012 10:46 pm

attyLLL


moderator
first of all, is there a clause in your contract which prevents you from working in a competitor? you can look up non compete clause in the forum


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3 Re: Transfer to a competitor on Fri Sep 21, 2012 11:22 pm

xtintin12


Arresto Menor
I do not really remember the clause written on the contract. In fact, I do not remember signing any non-compete clause at all. And very recently I already received a letter from the Previous company's lawyer asking me to pay an amount.

I am seriously worried, I don't know what I should do. PLease help.

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4 Re: Transfer to a competitor on Sat Sep 22, 2012 2:46 pm

attyLLL


moderator
if the letter doesn't explain the basis for the claim, challenge them by asking for it


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5 Re: Transfer to a competitor on Sun Sep 23, 2012 1:54 am

xtintin12


Arresto Menor
attyLLL wrote:if the letter doesn't explain the basis for the claim, challenge them by asking for it

According to the letter, it's a breach of contract. They gave me a clause which I would write in verbatim:

"The employee shall not enter into any employment or engage in any business, or render any srvices for any person or entity in the same or similar business fo rthe period of two (2) years from termination or separation from employment."

And since a breach of contract was made, they are asking me to pay 150,000, an amount for which I do not know how they determine because I really do not remember having signed a contract where these details are included.

What should I do now? Considering I do not have a copy of my contract because they have not given me despite me asking for it.

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6 Re: Transfer to a competitor on Tue Sep 25, 2012 7:35 pm

attyLLL


moderator
you can make a response that you are involved in wires, not lighting.


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7 Re: Transfer to a competitor on Wed Sep 26, 2012 12:26 am

xtintin12


Arresto Menor
My current employer hired me for LED, and they do not wish to alter that. But they are willing to alter my post if that's necessary should things get escalated to a different scenario.

I would just like to know, what are my chances of winning over this case? Is there a chance that the situation can go on my favor?

Thanks, attorney.

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8 Re: Transfer to a competitor Today at 4:07 am

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