Establish same line of business like my previous company. Will I be sue? :(

Hi,

I just resigned with my previous company, but before I resigned I signed papers regarding Intellectual Property(IP) since I acquire all the business knowledge for that Company.

I was planning to established a same company but In that documents I signed, It said that I can't make a company that has the same line of business like them. She also warn me that she will spend all her money to make an action if I did it.

Software Development was the line of business

Am I going to be sued if I make one?

Thank you,
Elieser Legaspi

What do the contact say, which you SIGNED?

It's common that persons in key positions have to sign such contracts WITH A TIME LIMIT, 1 (2) years or so. IF "for ever" that's UNFAIR. I don't know if there are any such law in the Philippines too, but in some countries there are laws which CANCEL a contract, if it favor to much the part, which made the contract text.

/It's FAIR you being STOPED from taking THEIR BUSINESS SECRETS and soon start COMPETITION to them, taking their customers.
/BUT it's NOT fair if they
a) stop you "for ever" to start similar (but still not using their business SECRETS)
b) stop you AT ALL from using your DEVELOPING and PROGRAMMING skill to do OTHER than compeeting with them doing OTHER types of software.
IF they want you to not use your profesion at all, then it's fair if they PAY you for these years

Hi Lunkan,

The thing is, there's no expiry on the said contract.

For me the knowledge I got was not a secret, though not all people know about it but It can be learn using books, internet. Let's say. "Taxation" was the knowledge I got from that company which I think it can't be learn and it's not a secret.

Thanks for the reply, atleast I know I can fight her if she sue me. Just need money to hire a lawyer

Thanks

Hi.
Why did you sign such contract??
In my home country "no expire" would be to much unfair to the one who DIDN'T MADE the contract text, so a court would (probably) find such contract canceled whole or that part of. I don't know if there any such law in Philippines.