Need advice on non-competes

[technomonkey]

Hi everyone, not an expat here but figured this is a good place to seek guidance.

I am a developer that had recently begun my career and I have recently joined a startup crypto trading firm as a junior developer, with a non-compete clause against crypto trading firms without explicit geographical restrictions, with a portion of the salary to be paid in the enforcement period of the clause probably as consideration.

Within my first few days, I received an offer from one of the hiring processes in my job search in the same batch, which I found to be much more attractive, being a non-crypto trading firm. Consequently, I resigned from said crypto trading firm and gave ample notice as per the employment contract, knowing that I am not joining a competitor, and knowing that I had definitely not gained any trade secrets nor confidential information, especially so from a startup with 0 code and infrastructure, at least to my knowledge.

However, they are now forcing me to reveal my next employer on the grounds of the non-compete. As they previously seemed like nice people, I have revealed and assured that the new employer is not a crypto trading firm, in hopes of a friendly resolution. They, however, did not seem to be content with that and are citing the clause and legality to force me to disclose. My reason not to disclose is that I am afraid, given the quick change of attitude that they might simply be demanding it just so they can reach out to the new employer to affect my offer.

Any advice or past experiences would be greatly appreciated!

[PNGMK]

Nope. These are non enforceable in Singapore. Furthermore you absolutely do not and should not have disclose your new employer. IF they had actually sued (they won't) it can come out in discovery. They simply don't have the right to know and yes, these retarded four eyes jerks WILL try to mess your next job up because they're small minded stupid somethings with a massive case of envy.

* They're not enforceable because Saint LKY basically said that unless trade secrets or IP are stolen it is not the role the court to stop someone making a living in their trade or profession.

Learn this phrase. "That sounds like a mistake. Let me check with my solicitor" and then shut your mouth. With the cops, employers, disgruntled wives etc.

Edit: The problem with disclosing your new employer is that your new employer will get dragged into this and simply decide you are not worth the hassle. Most employers go for minimum risk management.

[technomonkey]

Appreciate the advice, that’s what my thoughts were! It’s a Chinese startup that recently came into SG so it’s run by Chinese people by the way, not sure if they are unfamiliar or just outright nasty.

Would anything be different if there was an arbitration clause? I’ve heard arbitrators tend to favour employers but would they even allow case like this to proceed? I certainly hope not to have to pay for the arbitration costs on their unreasonable claims…

[PNGMK]

At this point I would speak to a solicitor.

It sounds like an unfair contract.

If arbitration fails you'll end up in court anyways.

Do NOT reveal your new employer.

[Myasis Dragon]

Read these websites, make your decision, then call one of them and explain your particular situation.

In my experience, if you're not using the old company IP in your new job, and you're not taking clients with you to a new job, your old employer probably won't get anywhere.

https://pkwalaw.com/non-compete-clauses ... t%E2%80%9D.

https://singaporelegaladvice.com/law-ar ... contracts/

https://irblaw.com.sg/learning-centre/n ... e-clauses/