After the severance of my employment with you, I will not join
a client company which engages in the same line of industry
for a span of five years from the data of my separation from the company except when a written authorization letter is secured from the Legal Deparment with approval of the President of the Company.
The contract gave us by the company's attorney. Together with my co-workers we asked questions regarding this clause as its too broad which we believed. Since we were not satisfied with the answers given by the attorney, we did not sign the contract and also, we said it was not notarized by the lawyer and there are no signatures indicated. Also, we just learned that this attorney is not yet an attorney and the company just made this person as the head of legal department.
Then our boss went to our office to collect the contracts. when we said we had other questions, our boss went berserk and he said we complain too much and that he rather ran out of bussiness instead of working with unhappy people and asked us to leave the company right away. With this threat, we were force to sign thecontract as most of us did not have any back up plans in case the company shuts down. After we signed this, we did not get a copy of the contract we just managed to scan the contract.
This year, I decided to resign after 9 years of service in the company as I have some issues regarding with my boss and the HR Manager did not want to communicate with me. Also, my boss
called me the worst employee in the company and started to dig up my past mistakes.
Now, my HR wants asked me to sign a "Sworn Undertaking for Sworn Separated Employee" which is now notorized stating the below statement where 5 years is changed to 3 years:
This office would like to remind you of your Agreement with
I am now planning to apply to a competitor since I am a pioneer of my previous company and my current skill set will be an advantage. And I believe, it is hard to shift careers at my stage.
My question is it advisable to sign the "Sworn Undertaking for Sworn Separated Employee"?
I hope you can give me some advice about my situation.
Thank you very much