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Breach of Contract

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1 Breach of Contract on Fri Dec 22, 2017 9:06 pm

Micrbl


Arresto Menor
I would like to seek for your legal advice on my challenges with my previous employer. On May 2014, I was offered a job in a multilateral company and I was referred to an agency. The agency hired me as a Consultant. In June 2017, my other colleagues and I were forced to sign a 2016 contract and they indicated that we cannot apply to the multilateral company directly.Please note that this non compete clause is not indicated in our initial contract. We were hesistant to sign because the non competition clause is limiting us to explore other opportunities. We refused to sign but the agency held our salaries. We talked to the owner and discussed the details of the contract. He said that the clause is only applicable to a competing agency and since the multilateral company is not a competing agency thia clause is not applicable, since he promised that this clause won't be a problem, we signed the contract. In July 2017, I came across a possible opportunity as a regular employee in the multilateral company so I seek agency's approval. Verbally they agreed, and asked me to ensure that I should have a replacement. Unfortunately I was not hired, but in November 2017 I received another opportunity to work as a direct consultant in the multilateral company. In connection to his prior approval in July, I requested for his written consent. Unfortunately, he denied and threatened to sue me if I will apply. He emailed the multilateral company that they cannot accept me, since there is a non competition clause between the multilateral company and agency. Few days after several verification, the multilateral company allowed me to apply since I am not part of the agreement and eventually hired me. I rendered a resignation to the agency and since I am not a regular employee I filed an immediate resignation and ensure them of proper turn over. They have called me today and told me that they will file a legal case against me.

I apologize for sending a very lenghty email, I feel harrased and felt that this company is stopping my professional growth. I badly need your help and assistance. Thank you very much.

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2 Re: Breach of Contract on Sat Dec 23, 2017 8:04 am

mikos23

avatar
Reclusion Perpetua
If you signed a contract that you cannot apply to their client, then you did breach your contract and they can file legally against you.

However, most of the time, agencies would not file a case because of the cost that this would entail. IMO, if they still have a contract with the company and for the said position that you held before you resigned, I don't see them having any reason to pursue any legal action against you.

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3 Re: Breach of Contract on Sat Dec 23, 2017 8:10 am

Micrbl


Arresto Menor
Thanks for your reply. I hope they wont pursue the case but if ever the will, is there a chance for me to use the part where they forced us to sign the contract, and there were discrepancies in the contract date, the date of the contract was sept 2016 but asked us to sign june 2017?

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4 Re: Breach of Contract on Sat Dec 23, 2017 8:19 am

lukekyle


Reclusion Perpetua
usual arguments are its not fair, its too broad and its too long. no discrepancies in the contract aren’t usually cited. yung forcing, ubless you mean they held a gun to your head then its not a valid excuse

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5 Re: Breach of Contract on Sat Dec 23, 2017 8:30 am

Micrbl


Arresto Menor
Ahhh i see. Okay. Thanks for your reply. Smile

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6 Re: Breach of Contract on Thu Dec 28, 2017 7:43 am

arnoldventura


Reclusion Perpetua
Your employer has an advantage over you considering that the non-compete contract between you and your employer is documented. That's one advantage (or disadvantage, as you may view it based on your situation) of having a written contract. You may read this, I hope this helps you better understand contracts. https://www.alburovillanueva.com/key-benefits-written-contract-business

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