Hi, I am writing here as well as under a reply to a post by a fellow facing a similar problem. He had no responses hence I also am starting a new thread in hopes that those of you with the legal know-how will be able to hear my plea and advise me promptly. :confused:
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 ( 2008 ) after one year of faithful and hard-working service, 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?
Please write to me as soon as possible, I am very worried and do not know if I should withdraw from my current employment or not. As far as I can tell, the whole situation is very dirty as they do not offer me any recompense either for not joining a competitor. Where am I too work if not for a competitor? No other market would find me worth taking on in regards to my experience in my current work experience... :confused:
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 ( 2008 ) after one year of faithful and hard-working service, 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?
Please write to me as soon as possible, I am very worried and do not know if I should withdraw from my current employment or not. As far as I can tell, the whole situation is very dirty as they do not offer me any recompense either for not joining a competitor. Where am I too work if not for a competitor? No other market would find me worth taking on in regards to my experience in my current work experience... :confused: