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Legal Implications in Backing-out on a job offer I signed (2)

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Carrot Cake


Arresto Menor
Atty, to continue with my first post...

"The Company has a strict Conflict of Interest Policy that you are required to adhere to, and which it shall be your duty to study and know immediately upon and in the course of your employment. This policy prohibits you, among other things, from engaging in all forms of employment or consultancy concurrently with your employment without the Company's prior written consent. By accepting employment with the Company, you agree to abide by this policy.
You also agree to refrain, whether within or outside your working hours, without prior written consent of the Company from engaging in any activity which is prejudicial to the interests of the Company or which interferes with the performance of your job.
You agree to give immediate notice to the Company of any possible conflict of interest which you may have.

Stressed po ako dito lalo sa #2 Sad
1. In the event that any breach, violation or evasion of any provisions (of Sections 5 & 6- Confidentiality and Conflict/Non-Compete clauses) hereof will result in immediate and irreparable injuries and harm to the Company, and that in case of breach, the Company will have recourse to the remedies of injunction and specific performance, or either of such remedies.

2. In addition thereto, and without prejudice to any other rights of the Company under this Agreement or under the law, you shall be liable to the Company for damages attorney's fees and other costs of litigation. The payment of damages shall not discharge you from further compliance with the said provisions/obligations. Also, if any of the said provisions/obligations is violated during your employment, the Company shall have the right to terminate your employment for just cause, without prejudice to any other rights available to the Company under this Agreement and under the law.

3. While the restrictions (in Sec.5 & 6) hereof are acknowledged by you and the Company to be reasonable in all the circumstances. It is agreed that if any one or more of such restrictions shall, either taken by itself or themselves together, be adjudged to go beyond what is reasonable but would otherwise be reasonable if any particular restriction/s were deleted or if any part/s of the wording thereof were deleted, restricted or limited in the particular manner, then the restrictions shall apply with such deletions, restrictions or limitations, as the case may be.

I wish to clear out po as to the effect of the statement:
"You hereby acknowledge and agree that, by mutual and voluntary agreement with the Company, this Agreement amends, restates and replaces your employment agreement dated July 2, 2018 with the Company."

Pero yung next statement po kasi states:
"This agreement (all annexes including the Conflict of Interest and Remedies stated) shall be effective upon the agreed start date of your employment subject to the preconditions of employment set out herein."

Please confirm po kung may breach of contract po if in case I will opt to accept the job offer in Company B? Maraming salamat po.

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Patok


Reclusion Perpetua
If you already signed the job offer, and you back out, the company can sue you for damages.

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Carrot Cake


Arresto Menor
Patok wrote:If you already signed the job offer, and you back out, the company can sue you for damages.

Strong words, right? Sad

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attyLLL


moderator
Considering you havent started, I would argue that the contract has no effect yet, but it is correct that they can ask for damages if you don't go with them. Though to my mind, it should be minimal even if they brought it to court


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Carrot Cake


Arresto Menor
attyLLL wrote:Considering you havent started, I would argue that the contract has no effect yet, but it is correct that they can ask for damages if you don't go with them. Though to my mind, it should be minimal even if they brought it to court

Thanks Atty.
You were right my contract actually has not started yet... and thanks for the immediate advice. I went to their office yesterday and submitted my letter of apology. But before going to their office, I called the senior officer/ recruiter who offered me the job and I felt relieved that they accepted my apology. And, this morning, we got to talk over the phone and I felt so relieved that I was told, "You are welcome to apply again, in case." Praise God!

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