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Separated Employee working with competitor

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1 Separated Employee working with competitor on Tue Jul 12, 2016 10:39 am


Arresto Menor
Hi Everyone,

I need advice on what is the legal way to handle these 2 separated employees who recently got employed with our competitor?
The first employee used to work with us a Sales Agent then later on promoted to become a Sales Trainer (machines)> She resigned with us because of the new direction of the company (the company will no longer needed 2 trainers and she felt that its her time to look for another employment).
The second employee went on AWOL leaving resignation letter, the car keys, documents and all other things endorsed to him on my table during the holiday where no one is working at the office.
Now, we found out thru one of our client that tthese 2 employees presented to them yesterday and the product they are looking for are the same product that we have, only this time they are connected with the competitors.
The second employee did not make proper turn over and endorsements and now, he is calling all our clients to be his new potential clients in his new company.
It is stipulated in the contract they signed with us that
they are not to pursue employment  to competitors of our company or be employed to any establishment that offers the same services business with us one year thereafter.
Both of them have been separated with us for less than a month.
Can we file a case against them? What can we do about this? Please help.
Thank you.

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2 Re: Separated Employee working with competitor on Tue Jul 12, 2016 11:37 am


Reclusion Perpetua
Kasuhan ninyo.

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Arresto Menor
Hello po! halos same scenario din po nangyari sa aming 3 employees. After their resignation, they transferred to a competitor company kung saan ang boss ko ska new boss nila may bad history. Ngayon po yung boss namin pinapa-investigate sa amin kung yung 3 e nagtratrabaho na sa bago nilang kumpanya while still connected with our company. kasi po may nakitang sample employment contract (again po sample, no signature of both parties) saka mga email exchanges between po ng isa sa kanila saka ng graphics artist namin (thru the personal email address of the graphics artist) na nagpapagawa ng artwork yung new company ng 3 ex-officemates ko para sa isang project for saipan and guam. yung lady boss kasi namin kinausap isa-isa yung mga officemates ko asking kung may alam sila tungkol sa nilipatan ng 3. yung graphics artist namin ang nagbigay ng emails kay lady boss.

upon investigation po namin, wala naman sa employment contract nila na di sila pwedeng lumipat sa competitor at wala rin sa employees manual namin na ipinagbabawal yun. ang sabi ni lady boss, idemada raw yung 3. ang tanong ko naman po, may pwede po ba kaming ikasa sa 3? sa tingin ko po wala naman silang nilabag. wala kaming makuhang employment contract at proof na nag swe sweldo na ynug 3 sa bago nilang company nung period na kini claim ni lady boss na connected na sila sa kabila. may pinakita pong deposit slip yung ex officemates ko na si graphics artist e binayaran ng new company nila para sa trabahong ginawa nya.

please advise. ako po kasi ang naiipit. thanks!

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