Philippine Bar review · Question

Practice question: Post-employment Restrictions; Elements of Validity

Multiple Choice Medium

Practice question

A valid clause restricts only a defined competing business. A former employee undertakes an unrelated activity outside that definition within the period, and no indirect competitive involvement or other duty is proved. Which is sound?
  1. Every outside job necessarily falls within every clause.
  2. A clause limited to one business automatically covers all occupations.
  3. The employer may ignore the agreed activity limit.
  4. A new job conclusively proves disclosure of secrets.
  5. The stated facts do not establish breach merely because the employee works elsewhere.

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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