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Agreement Under The Former Company Name

Discussion in 'Employees and Human Resources' started by Dandelion, May 30, 2015.

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  1. Dandelion

    Dandelion Member

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    At present employed as a project manager in a website design company and I am at the same time of establishing my personal advertising business, and also decide to leave my job soon.Many years back my present boss change the name of the company, I'd an appearance today and also the Ltd company which is named during my contract has become contained. I was never ever allowing a fresh agreement after they modified the title.

    The primary contract says which I can not work in a field of the nature or contact some of the clients within a yr of leaving.

    Am I right in believing that none with this applies since the company named inside the contract no more exists? In the event, the contract is not legitimate would there be any legalities with me contacting a few of the clients (by way of publicly published information on their websites) just after leaving?
     
  2. Ms Bizz

    Ms Bizz Member

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    It sounds like you have signed a non-compete clause with the original company.

    While I cannot speak to the actual legal aspects due to the name change, I feel the spirit and intention of the contract remains in place. It is a very small world in the business community and you may not want to risk burning any bridges by violating the non-compete clause.
     
    Jade likes this.
  3. Jade

    Jade Member

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    Just because something is legal doesn't mean you should do it.
     
  4. P. Octavianus

    P. Octavianus Member

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    Hi there,

    Allow me to introduce myself. My name is Pardo and I am a business lawyer in Indonesia.

    I have strong believe that you had previously signed a contract with a "non-competition" clause with your previous company.

    According with your statement :
    "Many years back my present boss change the name of the company..."

    I assume that the company has been changed without having any liquidation or abolishment upon the company as an entity. Therefore it is wise for you to be aware that, in the event that the company changes its name may not change the parties within the previous contract you had signed. As the consequent, the contract still be effect upon you and prevents you to establish a company with the same nature business or contact your ex-company's clients although there are still some conditions you may apply so that you can establish a company with the same nature of business and/or contacting your ex-company's clients.

    Should you need more details upon my explanation, feel no hesitate to have further discussion with me at:
    pardamean.octavianus@hopadvocates[dot]com
     
  5. I assume that the company has been changed without having any liquidation or abolishment upon the company as an entity. Therefore it is wise for you to be aware that, in the event that the company changes its name may not change the parties within the previous contract you had signed. As the consequent, the contract still be effect upon you and prevents you to establish a company with the same nature business or contact your ex-company's clients although there are still some conditions you may apply so that you can establish a company with the same nature of business and/or contacting your ex-company's clients.
     
  6. Dreamer Member

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    Do not give advice to people trying to steal clients!
     

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