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Contract vs Social Media Privacy

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1 Contract vs Social Media Privacy on Sat Jun 17, 2017 9:11 am

ragingstorm


Arresto Menor
My company demanded that I pay damages of 100K++ because I'm now hired at a new company. Our contract explicitly says that unless I get written consent, I can't work for another company. Take note ha, we're not employees, we are called "consultants". We don't receive any government statutory benefits from this company. I virtually signed a contract agreeing to their terms.

Then, my company obtained information that I was hired last year but I know they didn't obtain this information without accessing and snooping around my private information (messaging fellow "consultants" like me).

Granted that I violated our contract but is this company allowed to breach my privacy knowing they didn't ask for my consent and this information isn't even public?

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2 Re: Contract vs Social Media Privacy on Sat Jun 17, 2017 9:23 am

lukekyle


Reclusion Perpetua
Unfortunately unless you have proof na they "hacked" your social media account wala kang magagawa. You cannot use the argument na the info isn't public.

What does your contract prohibit?
1. Cannot work for another company while the contract is in place?
2. Cannot work for a competitor EVEN after the contract has expired
3. Cannot work for anyone else even after the contract has expired

Note #1 is enforceable,
#2 is enforceable for a reasonable amount of time (cannot be too long),
#3 cannot be enforced

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3 Re: Contract vs Social Media Privacy on Sat Jun 17, 2017 9:33 am

ragingstorm


Arresto Menor
Thank you for your response. Yes, the contract is still in effect. I've been working for them for 3 years and we have to sign the contract annually if we want to continue working for them. If the company has proof that I'm employed with another company and they obtained it through another person whom I corresponded online, should I force them to disclose their source or how they were able to obtain this info before I give in and pay?

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4 Re: Contract vs Social Media Privacy on Sat Jun 17, 2017 10:55 am

lukekyle


Reclusion Perpetua
thats up to you. They don't need to provide you proof till they file a case though but no harm in asking. If you find the amount acceptable, perhaps you could try to haggle muna.

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5 Re: Contract vs Social Media Privacy on Sat Jun 17, 2017 11:12 am

ragingstorm


Arresto Menor
Thank you, you are a big help. I plan to prolong this and wait if they are willing to go great lengths to make me pay. If push comes to shove, I'll dispute this or ask them to let me go quietly, assuring them that I would not share the details of my termination and/or that they no longer sanctioned my violation.

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6 Re: Contract vs Social Media Privacy on Sat Jun 17, 2017 11:27 am

lukekyle


Reclusion Perpetua
They can easily file sa small claims court if they ask for P100,000.00 plus interests and costs. They just need to submit the contract. You might want to rethink your strategy. Once they get judgement no more room for negotiation. Mabilis kasi sa small claims.

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7 Re: Contract vs Social Media Privacy on Sat Jun 17, 2017 11:28 am

lukekyle


Reclusion Perpetua
same day ang judgement

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8 Re: Contract vs Social Media Privacy on Sat Jun 17, 2017 1:52 pm

ragingstorm


Arresto Menor
Will do. Many of us already jumped ships and there's no one who got convicted yet. But there's always a first in everything. I'll just wait and see first.

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