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Non Compete Agreements

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1 Non Compete Agreements on Thu Jun 20, 2013 1:08 pm

Labor Law


Arresto Menor
Good afternoon Sir/Mam,

I would like to inquire regarding an issue. I was employed as a project based employee for less than five months (as stated in the contract). Unfortunately, the contract had a non compete agreement for one year. 

Would this non compete clause be still enforceable knowing that the contract ended and was project based?

I was employed kasi sa another company with the same line of business as theirs. I would like to know if I should pursue this or not.
Thank you.

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2 Re: Non Compete Agreements on Fri Jun 21, 2013 9:36 am

attyLLL


moderator
imo, it is enforceable, but they have to go to court to enforce it.


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3 Re on Fri Jun 21, 2013 10:29 am

Labor Law


Arresto Menor
Thank you for this! Smile

I also have a friend, she signed an employment contract last June 15 and it was stated in the contract that the employment will commence on June 30. 

After two days, June 17, she decided to withdraw from the job and asked the contract to be cancelled.

What are the legal things she has to do to make sure there will be no legal actions against her? should she give a written notice of cancellation of the contract for approval or any quitclaim?

Thank you.

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4 Re: Non Compete Agreements on Fri Jun 21, 2013 3:58 pm

attyLLL


moderator
i don't think the company will waive it's rights, but if she were given a clearance, then that can be argued as a waiver


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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.
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5 Re: Non Compete Agreements Today at 8:26 am

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