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Non-compete agreement

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1 Non-compete agreement on Tue May 08, 2018 10:41 pm


Arresto Menor
Good day po,

I have a question regardingy agreement with my former employer. I worked as a product supply planner for a hardware distribution companies that caters to retail stores from visayas and mindanao area. I signed a non-compete agreement with them prior to employment. Fast forward, i resigned after spending 1 year and 7 months with them serving with the best of my ability I resigned because i had a cant-miss opportunity with another company and saw that my career was not going anywhere.
This company also plies the hardware trade albeit as a retailer, catering personally to customers and they employed me to work as warehouse in-charge.
My question is, what is the likelihood that they will pursue a case against me and should there be any loopholes where i can be let off the hook.
Im just an average normal guy trying to earn a living. I am quite happy with my new job and really have a sense of fulfillment. Thank you in advance for any answers.

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2 Re: Non-compete agreement on Wed May 09, 2018 5:07 am


Reclusion Perpetua
We cannot really speak for your previous employer as to whether they will file a case against you or not. Just be ready for that possibility because non-compete agreements are recognized by law as valid and enforceable agreements. Though the contents of non-compete agreements are quite standard, we will not be able to comment on so-called "loopholes" without seeing the exact terms you agreed upon with your previous employer.

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3 Re: Non-compete agreement on Wed May 09, 2018 7:25 am


Arresto Menor
Thank you sir for the reply. I just want to ask, is there any difference between a retailer and a distributor in the context of competing companies?

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4 Re: Non-compete agreement on Wed May 09, 2018 9:13 am


Based on your description, it's possible the non-compete clause is applicable. Hopefully, you had a good parting with your previous employer.

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