Philippine Bar review · Question

Practice question: Post-employment Restrictions; Elements of Validity

Multiple Choice Hard

Practice question

A senior employee with access to highly sensitive marketing strategies argues that an otherwise reasonable industry-specific restraint is necessarily void because the employer did not pay to teach the employee’s preexisting professional skills. Which is best?
  1. Prior expertise automatically invalidates every restraint.
  2. That fact alone is not conclusive; the legitimate confidential-business interest and the restraint’s actual limits remain material.
  3. Only training receipts can ever show a protectable interest.
  4. Confidential strategic access is legally irrelevant.
  5. The employer may therefore prohibit every occupation forever.

Legal references

  • Tiu v. Platinum Plans Philippines, G.R. No. 163512, February 28, 2007, main decision: https://lawphil.net/judjuris/juri2007/feb2007/gr_163512_2007.html

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