I have just had a job change and am looking for advice regarding the same issue.
I was with an MNC for one year. I was NOT given any non compete clause by that employer at the time that I signed my job contract. In fact, it was not mentioned at the time that negotiations were under way before my joining. I found the job favourable and hence submitted my resignation to the company I was with before that... This all happened in June of 2007.
Upon joining the new company I worked contentedly up till September when they suddenly shoved a non-compete clause document (not on stamp paper, not on the company letter head) and told us to sign. What could we do but sign?
I have finally left that job now in July this year after one year of faithful and hard-working service and that company is threatening to sue me for joining a competitor.
Can someone please clarify if that non-compete has any legal standing at all. I reiterate, they did NOT inform me of a non-compete clause at the time of negotiations, nor at the signing of my job contract and asked me to sign it mid-term of my employment.
Is this not signing under duress?
6th September 2008 From India, Mumbai