Every Developer's Right - Philippine based company files a lawsuit to a former employee?
Today, I opened my e-mail and received tons of messages from pinoyjug. Apparently, some guy is saying that his former company is suing him for working for another competitor. I kind of feel some sympathy towards him since I also before I left my first company and my team lead resigned from that company, we were also given a contract(a second one actually other than the one we signed before joining the company) that says that we can't work for another competitor for 2 years using the languages earned or used in that company such as C/C++, Java, VB, etc. Some people at pinoyjug state that such clauses are illegal. Anyway, here is a copy of the e-mail posted there but for security reasons, and for fun also; I tried changing some things such as the name of the company.:)
I am currently an IT Professional and I will be attending a
summary hearing at the Pasig Regional Trial Court that will be
presided by Judge ( new Judge().getName() ) for DBOSFT's application for a
Temporary Restraining Order upon me to stop from working with
CAI-STA(my present employer) while a civil case that they filed is
ongoing. Usually, thise case might take several months, 6 months usually.
I am married with a 3 year old child and my husband is an ordinary
employee as well. I am also supporting my parents who are both
retired so that any decision on Jan 23 would really affect not only me
but my family to live.
The civil case ( new Company().getName() ) filed against me was regarding a "breach of
contract" when I transferred to CAI-STA last Oct. 2005. I worked in
( new Company().getName() ) for 6 years, 1999-2005, and though I signed for a contract not
to be enggaged in their direct competitors within 2 years after my end
of employment with them, I am fully aware that CAI-STA is not one of
their direct competitors.
But as it is, ( new Company().getName() ) Phils. Inc., is claiming that all IT
Companies that are engaged in software development are thier competitors.
Of all the resigned employees, even before me, I am the only one
having this case at the moment. I might be being used to threaten
other employees of theirs not to resign. I am very clean with
clearance when I left ( new Company().getName() ) and so I know that my defense are strong.
What really worries me is their request for a TRO for me to stop
working while this case is open. I am just an employee trying to earn
a living practicing my profession. I can't believe that such a
company would want this to happen to me after the 6 years I've been
loyal to them.
And worse, if TRO will be granted, not even proven guilty, ( new Company().getName() )
had already won destroying not only my career but my life as well. In
connection, this would mean all IT Companies would follow the same
style as ( new Company().getName() )'s and all IT Professionals could suffer the same.
I am asking for your prayers that ( new Judge().getName() ) would be
enlightened by the Holy Spirit and that TRO would not be granted. I
do have a lawyer but it would really depends on the judge's decision.
I am also asking for your help to forward this email to as many
friends as you have even outside Philippines so that all employees
would be aware that such case is possible. If you could paste this
letter on blogs or forums I would really appreciate it. Who knows,
this email might reach Judge Quiroz before the hearing on Tuesday.
As per my lawyer, it would be much better to let this out in media
so that the world would be fully aware of such case.
I promise to keep you updated and thank you in advance for your
prayers and help.
If you want to contact me, you could email back or you can call me
at (new Contact().getNumber() ) or ( new Contact().getNumber() ).