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Non compete clause

2 posters

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1Non compete clause Empty Non compete clause Sat Mar 16, 2013 12:06 am

spurb


Arresto Menor

I am an independent contractor for a Philippine firm but resigned 3 years ago but was contracted by a US firm that does business with my old firm as well to be a consultant. The terms of my contract with the old firm was 5years however, when I resigned they realized they never had me renew my contract for that year and the 2 years in that contract has been used already so I technically have 3 years left. Now that everything is out and they know I am not sure if I have something that can make me win against them if they sue. I know they can't go after me now coz I am out of the country or can they? Is there a statute of limitation for such case in case they do file it?

2Non compete clause Empty Re: Non compete clause Sat Mar 16, 2013 1:40 pm

attyLLL


moderator

it depends on what is stated in your contract

https://www.facebook.com/BPOEmployeeAdvocate/

3Non compete clause Empty Re: Non compete clause Sat Mar 16, 2013 8:50 pm

spurb


Arresto Menor

I don't have the specifics the contract is not physically with me and I'm out of the country. But if they file a case and I'm not there and I don't think ill be back anytime soon how will it affect the case?

4Non compete clause Empty Re: Non compete clause Sat Mar 16, 2013 9:24 pm

attyLLL


moderator

yes, they will have to wait for you to return

https://www.facebook.com/BPOEmployeeAdvocate/

5Non compete clause Empty Re: Non compete clause Sun Mar 17, 2013 5:30 am

spurb


Arresto Menor

Will there be a limitation as to how long they can wait?

6Non compete clause Empty Re: Non compete clause Sun Mar 17, 2013 12:47 pm

attyLLL


moderator

offhand, ten years

https://www.facebook.com/BPOEmployeeAdvocate/

7Non compete clause Empty Re: Non compete clause Sun Mar 17, 2013 1:31 pm

spurb


Arresto Menor

Then the case can't be files anymore?

8Non compete clause Empty Re: Non compete clause Sun Mar 17, 2013 2:04 pm

spurb


Arresto Menor

Oppossss I meant filed. Smile

9Non compete clause Empty Re: Non compete clause Mon Mar 18, 2013 11:07 am

attyLLL


moderator

it can, but you can use that defense.

https://www.facebook.com/BPOEmployeeAdvocate/

10Non compete clause Empty Re: Non compete clause Mon Mar 18, 2013 8:46 pm

spurb


Arresto Menor

So 3 yrs after I resigned they file a non compete violation against me in my absence, case doesn't go anywhere and after 10 yrs could be dismissed due to the time that has lapsed or does the 10 yr start on the first day I worked for the other company which also was when I resigned from them?

11Non compete clause Empty Re: Non compete clause Mon Mar 18, 2013 9:02 pm

attyLLL


moderator

ah no. what i mean is if violate the non-compete and they do not file a case for ten years. once they file, all they have to do is wait for you to arrive and the case will continue.

https://www.facebook.com/BPOEmployeeAdvocate/

12Non compete clause Empty Re: Non compete clause Mon Mar 18, 2013 9:57 pm

spurb


Arresto Menor

Ah ok got if.

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