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Santa Little Helper
28/04/2009 14:50:08
Re: Being Sue By Ex Company Because Of Resign And Accept Better Offer From Other Company

Hi,

I am a fresh gradute back then and I found a job in XXX company. I had been work with XXX company for 3 years.. On the 3rd year,the company force us to sign agreement..

The agreement content :

1. We can do any other job or business.
2. We cant work with competitor after we resign.
3. We cant work in the same field for 1 year after we resign.
4.Contract validity until ??? (Forever)

I had signed the contract.The reason why I sign is because i am in need of salary money and bonus money for CNY celebration.If we didnt sign the contract,we cant get our salary and bonus.On that time just few days before CNY..So we have no choice but had to sign the contract.

Now my ex-company sued me because I am joining other company which previously are my ex-company supplier but now become competitor.But the time I join ,they still purchase item from my current company.

Am I consider wrong in this matters?
Do Malaysia labour law have this kind of law that don't permit us as a skilled worker in related field to work in the same field even after we resign from previous company that doing the same field?
If that so,it is very unfair to us because what we study at college,we use the knowledge in our work.. Then suddenly ask us to do other job that we dont have any skilled in it,how we going to survive during that 1 year time?

Please anyone with experience like this before or anyone know more on labour law advise me on this issue..

Please help.. May GOD bless you for your kindness..
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KL Siew
kl_siew@yahoo.com
28/04/2009 15:20:22
You said your ex-company sued you, which means you have received notice or summons from some court requiring to attend the court to answer the case? What did the summons say?
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Steve
02/05/2009 10:05:12
Employers can put such clause but it is not enforceable in the court of law. I read something somewhere about certain provision where one cannot deny another person the right to work, or something like that. If indeed you have received the summons, seek advice from a good lawyer.
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Carlos Tevez
12/05/2009 14:57:45
Many companies ask employees to sign such non-competition agreements. But in practice, I have not heard of any case where the previous employer actually sued. It cost time and money to sue someone and the likelihood is that the court will favour the employee who is merely making a living.
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Santa Little Helper
24/05/2009 22:45:17
I do received the letter from the ex company lawyer..It Written that I violate the contract and need to pay him back 25000..Now I already paid lawyer few thousand.. I am just a normal person that just want to make living..I am having difficulty to find another few thousand to pay the laywer.. Please advise me what to do..
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