To COMPANY, 

[Address]

Attention: 

04 May 2024

[Confidential and Privileged] 

Re : Alleged Breach of the "Non-competition clause" under Employment Agreement with COMPANY 

Dear Sirs / Madams,

I refer to your letter dated [date].

I draw your attention to the trite law that no employer is entitled to make use of a restrictive covenant to protect himself against competition per se and a covenant against competition per se is not reasonable and accordingly void. 

Upon terminating the Agreement with COMPANY, I was then employed by another company called [New Company] as [position]. 

During my employment with your Company, [it was not part of my responsibility for making any connection with clients of your Company.] [I have never been privy to any major or strategic operational decisions of your Company, neither was I ever be in possession of any confidential information of your Company.]

Your letter fails to state with full particulars of all the facts and matters relied upon by your Company to assert the non-competition clause to be enforceable. If you wish to establish the enforceability of the non-competition clause, please state all the interests it relied upon and how much interests relied therein could reasonably warrant a protection as wide as the Agreement.

In light of nature of the interests which your Company now demanded protection is unclear and my position is that, whilst I was employed by your Company, the non-competition clause is far much wider than what is reasonably necessary for the protection of your Company’s interest, if any. Therefore, the non-competition clause is unreasonable and too wide a restraint for it to be unenforceable. Thus, the non-competition clause is an indiscriminate anti-poaching clause without validity.

........................................