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non compete clause enforceable if I work overseas?

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mpm


Arresto Menor

magandang gabi atty.,

I was hired by a big multinational company and signed a non compete agreement stating

"You agree that at all times during and for the period of eighteen (18) months after your employment with the Company, you will not seek or accept employment with, or in any manner render any services, directly or indirectly and in whatsoever capacity, to any other person or entity engaged in the __________ (sorry I cannot disclose on what industry my former employer is engaged in) business.

After 2 weeks, I decided to leave the company. Filed my resignation which was effective immediately. Reason for leaving the company was because working condition is a health hazard. People are allowed to smoke inside the room, and as a result I developed severe cough due to second hand smoking. My immediate boss accepted my resignation even without 30 days notice.

During that 2 weeks, I was only reading technical books, was introduced to other colleagues and had plant tour, no confidential information was given to me yet.

Right now, I have a potential employer who's a direct competitor of my former employer but located overseas (already checked with them about working condition). These 2 employers are multinational companies operating worldwide and my former employer has an office in the country where I intend to work.

Is my non compete agreement with my former employer still binding even if work location is overseas? Is the office branch of my former employer located overseas capable of suing me in behalf their Philippine Office Branch?

Please I need your immediate advise before I decide to enter into another agreement.

Thank you..

council

council
Reclusion Perpetua

IMO the contract is still valid and enforceable.

So far nothing in the clause says it becomes invalidated if you work abroad, since the new company is still a direct competitor.

http://www.councilviews.com

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