Joining Rival companies

[AliDavidSum]

I worked in a consultancy firm A. It deploy staff on various sites to provide services to clients. I was deployed in site AA.

 

The apponitment letter from company A stated that when I resigned, I can not work in site where I was deployed (in this case Site AA) for 12 months.

 

6 months later, after resigned from Company A, I work in site AA under company B. In theory, company A can sue it. But it is easy for company A to sue me over this?

[Demon]

I worked in a consultancy firm A. It deploy staff on various sites to provide services to clients. I was deployed in site AA.

 

The apponitment letter from company A stated that when I resigned, I can not work in site where I was deployed (in this case Site AA) for 12 months.

 

6 months later, after resigned from Company A, I work in site AA under company B. In theory, company A can sue it. But it is easy for company A to sue me over this?

 

That's known as non competitive clause.

 

Before you worry about being sued by your former employer, your immediate concern now is that did you inform your current employer on this clause at the time of your appointment?

[aRcHeR]

if you joined another company prior to joining company AA, the clause can be considered void.

 

but if you keep low profile at company AA, news will still float somehow to company A.

[danielling1981]

If u are an important enough employee at the 1st company they will sue. It is not difficult as these are covered in their company policies/sop already. If the 1st company decides to sue, usually will win else they won't bothered. Then any legal fees or "loss in income" resulting from u joining the 2nd company is covered by u. Dun play play. ^^

 

Eg: u were working on a project or post bidding process, etc. So u jump ship and using the knowledge u ve to assist the new company to win in the bid. Once the 1st company lose the bid, they can sue u and ur new company for mis use of confidential information, bla bla bla and ur company not only losing u will likely lose the project tat they won if it is proven. Ur reputation likewise will fall terribly.

 

The above is provided tat u ve information from ur 1st company which hold some values. Even if not, it is still better not to risk it. Instead check with both 1st and 2nd company whether in light of the existence of the policy, may u still join the 2nd company even though 12 months is not yet over. In some cases, it is possible although 1st company may get u to sign various non disclosure agreements.