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Non Compete Agreements

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1Non Compete Agreements Empty Non Compete Agreements Thu Jun 20, 2013 1:08 pm

Labor Law


Arresto Menor

Good afternoon Sir/Mam,

I would like to inquire regarding an issue. I was employed as a project based employee for less than five months (as stated in the contract). Unfortunately, the contract had a non compete agreement for one year. 

Would this non compete clause be still enforceable knowing that the contract ended and was project based?

I was employed kasi sa another company with the same line of business as theirs. I would like to know if I should pursue this or not.
Thank you.

2Non Compete Agreements Empty Re: Non Compete Agreements Fri Jun 21, 2013 9:36 am

attyLLL


moderator

imo, it is enforceable, but they have to go to court to enforce it.

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

3Non Compete Agreements Empty Re Fri Jun 21, 2013 10:29 am

Labor Law


Arresto Menor

Thank you for this! Smile

I also have a friend, she signed an employment contract last June 15 and it was stated in the contract that the employment will commence on June 30. 

After two days, June 17, she decided to withdraw from the job and asked the contract to be cancelled.

What are the legal things she has to do to make sure there will be no legal actions against her? should she give a written notice of cancellation of the contract for approval or any quitclaim?

Thank you.

4Non Compete Agreements Empty Re: Non Compete Agreements Fri Jun 21, 2013 3:58 pm

attyLLL


moderator

i don't think the company will waive it's rights, but if she were given a clearance, then that can be argued as a waiver

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

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