Non-compete case / no backpay and retirement benefits released

Worked as a Manager in a Technology firm for more than 10 years. Had a difficult time with leadership so I resigned, 1st to offer is competitor.

1. Signed a non-compete with a 1 year limit to not join any competition.
2. They are withholding backpay, 13th month, and retirement pay for 10 years.

Received a letter from old employer that I should cease my employment with the new one. Have a family member to take care of who has a chronic illness and needs maintenance treatment on a daily basis.

Question:
1. Is non-compete and backpay/benefits release correlated? Or should be treated separately?
2. What agency can help me get my pay? When would be the appropriate time to do so?
3. Should i respond to the letter sent to me by my old employer?

1. dapat hindi but if they found out you violated the non compete they will hold anything you have due bec they feel na you owe them damages.
2. if you resigned then even if you didn’t violate the non conpete you are not entitled to back pay and retirement pay (unless stipulated in the contract that you will receive retirement pay even if you resign)
3. you can file for money claims sa nlrc.
4. yes you should respond if you wish to negotiate with them.
5. i would advise you to talk to a lawyer. in my experience unless grossly disadvantageous or patentlyunfair, most non competes are upheld.

Thanks.

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only last pay and pro rated 13th month pay is required, retirement pay is not mandatory if you resign unless company has a retirement plan.

yes they can hold your last pay / 13th month if you violated their non-compete clause and they can even sue you for damages.

Yes, they have retirement plan. How long can they hold it? Until the duration of non-compete?

If they intend to sue me for damages, what kind of evidences do they need to present?

In my capacity now, i was able to help them to sell thru one of our business deals that aren't their client. Will this be able to help my case in court?

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if they do prove that you violated the non-compete, they might be awarded damages. Damages may be larger that the retirement plan. If smaller or no damages awarded you should be able to get your money 30 days after the conclusion of the case filed against you

1. If they did not pursue any cases in court for non-compete, would I get the money after the 1 year?

2. Lastly, what is the time limit of damages? Let's say I have a client there before who I last handled personally 4 years ago, and i reached out to them will that be subject to damages? Or working with a different client here, but not a personal client there would that be liable to damages?

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1. depends on the company. If they feel you violated the non compete you will probably have to file a claim sa nlrc and win before they give it to you.
2. Anything you do within that one year period is subject to damages.

Thank you!

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Hi Pwedi poh ba mag tanong?
I was terminated by my previous company because my trainer filled an Incident report to me. That was about when we are ib the training room we used to talk about life stuffs .When 1 of our member suddenly utter that she hates the other trainer because she was acting like a bitch to them and My co trainee insisted that The trainer has something against them .Unfortunately that trainer was my friend in college. .I was overwhelmed suddenly I said She was raped when she was 14 that is why you thunj she is rude or mean..
The companys ground for terminating me is Sexual harrassment .. And I only stayed two weeks after that I was suspended for 1 month and got terminated .. I am asking for your feedback .Godbless you all

by Maii97
Hi Pwedi poh ba mag tanong?
I was terminated by my previous company because my trainer filled an Incident report to me. That was about when we are ib the training room we used to talk about life stuffs .When 1 of our member suddenly utter that she hates the other trainer because she was acting like a bitch to them and My co trainee insisted that The trainer has something against them .Unfortunately that trainer was my friend in college. .I was overwhelmed suddenly I said She was raped when she was 14 that is why you thunj she is rude or mean..
The companys ground for terminating me is Sexual harrassment .. And I only stayed two weeks after that I was suspended for 1 month and got terminated .. I am asking for your feedback .Godbless you all

i don't know about grounds for sexual harassment but that is a case of serious misconduct, slandering someone of a higher position than you.

For a sexual harassment case, it needs to be 1) you are older than the one you slandered or 2) you are of higher position.

Thank you mikos23