Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Non compete clause

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Non compete clause on Sat Mar 16, 2013 12:06 am

spurb


Arresto Menor
I am an independent contractor for a Philippine firm but resigned 3 years ago but was contracted by a US firm that does business with my old firm as well to be a consultant. The terms of my contract with the old firm was 5years however, when I resigned they realized they never had me renew my contract for that year and the 2 years in that contract has been used already so I technically have 3 years left. Now that everything is out and they know I am not sure if I have something that can make me win against them if they sue. I know they can't go after me now coz I am out of the country or can they? Is there a statute of limitation for such case in case they do file it?

View user profile

2 Re: Non compete clause on Sat Mar 16, 2013 1:40 pm

attyLLL


moderator
it depends on what is stated in your contract


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: Non compete clause on Sat Mar 16, 2013 8:50 pm

spurb


Arresto Menor
I don't have the specifics the contract is not physically with me and I'm out of the country. But if they file a case and I'm not there and I don't think ill be back anytime soon how will it affect the case?

View user profile

4 Re: Non compete clause on Sat Mar 16, 2013 9:24 pm

attyLLL


moderator
yes, they will have to wait for you to return


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: Non compete clause on Sun Mar 17, 2013 5:30 am

spurb


Arresto Menor
Will there be a limitation as to how long they can wait?

View user profile

6 Re: Non compete clause on Sun Mar 17, 2013 12:47 pm

attyLLL


moderator
offhand, ten years


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

7 Re: Non compete clause on Sun Mar 17, 2013 1:31 pm

spurb


Arresto Menor
Then the case can't be files anymore?

View user profile

8 Re: Non compete clause on Sun Mar 17, 2013 2:04 pm

spurb


Arresto Menor
Oppossss I meant filed. Smile

View user profile

9 Re: Non compete clause on Mon Mar 18, 2013 11:07 am

attyLLL


moderator
it can, but you can use that defense.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

10 Re: Non compete clause on Mon Mar 18, 2013 8:46 pm

spurb


Arresto Menor
So 3 yrs after I resigned they file a non compete violation against me in my absence, case doesn't go anywhere and after 10 yrs could be dismissed due to the time that has lapsed or does the 10 yr start on the first day I worked for the other company which also was when I resigned from them?

View user profile

11 Re: Non compete clause on Mon Mar 18, 2013 9:02 pm

attyLLL


moderator
ah no. what i mean is if violate the non-compete and they do not file a case for ten years. once they file, all they have to do is wait for you to arrive and the case will continue.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

12 Re: Non compete clause on Mon Mar 18, 2013 9:57 pm

spurb


Arresto Menor
Ah ok got if.

View user profile

13 Re: Non compete clause Today at 6:02 pm

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum