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need advice, legal case non compete and notice

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1 need advice, legal case non compete and notice on Tue Nov 13, 2012 12:23 pm

choboness


Arresto Menor
i need legal advice or anything from those with the same experience..1st let me explain my situation...

i was working on a 3rd party bpo with a non compete clause and a 60 day notice on my contract, thing is our client from the US decided not to renew the contract, in short i lost my team...so now i have been a floater manager for a while waiting for a new client....while waiting i found another company who offereed double my current salary so i transferred....

now my previous employer wants me to be blacklisted from any bpo, any resign from my new employer... they filing a legal case on grounds of a non compete and not serving the 60 day notice...

here's the thing, i had no account and was serving as a floater, i wasnt exactly doing my task as manager since they put me back in production, second i transferred to a NON 3rd party bpo, i transferred to the US client themself who happened to be in the philippines.....on my old job, our clients were from US, think of it as applying to a client like we have in the US, difference is they have an office in the phil, so they are not outsourcing technically...

any1 share any legal thoughts? may habol ba tlaga sila? should i be worrid that they force me to leave my new job? please help

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attyLLL


moderator
what is stated on your non-compete clause?


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choboness


Arresto Menor
attyLLL wrote:what is stated on your non-compete clause?

i dont have the exact words atty pero to put simply, cannot work for other competitors for 2 years..

ang akin lang, i worked for a 3rd party BPO who serves clients in the US....in my new company, they are the client themseleves who went to the philippines, they are not 3rd party? although my previous company is insisting they are a competitor...any thoughts?

ty for replying

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choboness


Arresto Menor
i found it:

" you agree that for a period of 12 months after your separation from the company for whatever reason, you will not directly or indirectly engae or be employed in a business, trade, or occupation, within the greater metro manila area which is in direct competition with or in the same line of business as the company. violation of the aforementiuoned stipulation may cause the company to file legal case against you.."

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attyLLL


moderator
ok, my take on this is that this non-compete clause is valid and enforceable.

but in reality, most companies don't bother because it's too hard and expensive with little return.


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choboness


Arresto Menor
attyLLL wrote:ok, my take on this is that this non-compete clause is valid and enforceable.

but in reality, most companies don't bother because it's too hard and expensive with little return.

is it possible that they can dictate a punishment such as forcing me to leave my new company? on the grounds of breaching this contract? apparently my old company will pursue and their goal is to have me removed from my new employer =(

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