I have worked in a number of companies that make you sign contracts which doesn’t allow you to work for a competitor two years after you have left them; never had I seen them go after employees if they do work for a competitor.
I am so grateful to my past employers for allowing me and everyone else to work for direct competitors even if our contracts prohibited us from doing so.
They would argue that they wanted the best future for us and as a sign of our gratitude we would always tell stories and recommend fine employees to work for them. Sometimes, people go back and work for them knowing the kind of company they are.
Such is not the case with DBSoft who went after their former employees with lawsuits; people who would have enormous problems paying for legal fees defending themselves.
This post (found here) is circulating rapidly as I have received them numerous times today from different people. In an excerpt:
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 ALEX L. QUIROZ 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 DBSoft filed against me was regarding a “breach of contract” when I transferred to CAI-STA last Oct. 2005. I worked in DBSoft 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, DBSoft 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 DBSoft 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.
I am not a lawyer and I do not intend to pretend to be one to argue about legalities and such. One thing I am certain though, is that I am so grateful to my past employers for allowing me to grow in a different environment. Never will I work for DBSoft and I would be responsible enough to warn all my friends not to work there; but if they do, they should be prepared to work as a bartender (nothing against bartenders, itâ€™s just doesn’t add up to programmer experience) if they intend to leave the company.
People get absorbed in work and before they realize their current situation…