Hi!!!
I do agree with experts here that negative covenants like - restriction after leaving job and non-competent clause in employment bond is illegal and have no legal standing. But question is, how to resolve dispute?
In my case i left the job mutual agreement (written proof) and full and final settlement. After 8 months of leaving I started the similar work and Legal Notice was served to me - that I am absconding without notice, breached non-competent clause. And Ex-Employer invoked the SOLE ARBITRATOR Clause, which will biased for sure.
Please note: Ex-Employer didn't spent a penny on my trainning, infact I trained their team for analysis, I have been hired as an expert to enhance their product offering and in fact gave them profits. Later on we both agreed that we should close down the unit as we didn't generate enough profit as per estimation.
Now they consider me as future threat and doing arbitration proceedings against me and asking 5 years of salary (validity of the bond was 5 years but agreed to end relationship after 9 months)
Since arbitration is one sided and will be biased, what options do I have?
I know in a court of law I stand clean.
Please help / suggest!
Thanks
RshOne