Non Compete/Non disclosure

Hello Attorney,


I have question regarding Non compete/Non Solicitation issue on employment, can you give me some piece of advice? (I also withheld the names of the parties to make it private)

We are a US Based company in Alabang, we have an ex-employee who recently resigned from work (non office issue, she is a mother of three and wanted to take care of their children while her husband is away)

One of our clients told us that this ex-employee contacted him via email and ask for a home based job, since she left this position and we are still looking for a possible staff replacement this project is paused. But then, since she is trained to do the work/project, the client gave her the job to work from home. She dropped rate to compete with the salary as well.

She even emailed the client to compete with the company and open a similar office same with our business. Since the project is paused, we also loss income or earnings from this project.

As per the Management, can we use the Non compete/solicitation vs. the ex-employee? We sent her a letter last week defining what's the content of the contract regarding this matter. As of now we did not hear any from the ex-employee.

What will be our next step onto this?

Thanks,

Pinay

Post the exact terms of your non-compete clause.

Thanks Sir.

contract signed May 24, 2014 Under Non-Compete, Non-Solicitation:

“(b) for a period of (3)years following termination of your employment with ***company. for any reason, you will not, directly or indirectly, and in any capacity of whatsoever seek to induce or encourage any customer to take any action which will result in their discontinuance or reduction in the level of business previously conducted with **** to compete the company for such business.

You can file for a civil case afterwards. But prepare for your evidence to prove your allegation