My Opera
Non-competition Compensation "Not Necessary"?
Sunday, September 26, 2010 11:19:09 AM
Last year, I've got cervical intervertebral disc herniation that caused many issues on my health. So I quit my job at Opera Software in Jan, 2010. Since then I've been running without any jobs but under medical treatment. And still am.
Last night checked my bank account, expecting to see Non-compete compensation completed in a half-year span since my resignation. Nothing there. Then sent an email to Opera China HR asking for a check. They called me the next day, saying my claim for non-competition compensation is deemed invalid by Opera China management. They further explain the reason, that Opera could choose to invoke non-competition clauses arbitrarily, thus compensating me is "not necessary".
How come???
I am pretty certain that in my initial employment agreement as a permanent employee of Opera Software (original contact lost, it's a long time) there were non-competition clauses. If the company could decide whether to invoke clauses or not, what's the point of having them in contract? If a person goes to a competing company, he does not get the compensation for violation of the clauses. Otherwise, the company could choose not to invoke clauses so that the former-employee still gets no compensation. Sounds like a bug.
It makes me sad. Not a big amount of money at all. But oh man, that is the company I devoted myself to for 2 and a half years...
Thus, basically a complaint.
Last night checked my bank account, expecting to see Non-compete compensation completed in a half-year span since my resignation. Nothing there. Then sent an email to Opera China HR asking for a check. They called me the next day, saying my claim for non-competition compensation is deemed invalid by Opera China management. They further explain the reason, that Opera could choose to invoke non-competition clauses arbitrarily, thus compensating me is "not necessary".
How come???
I am pretty certain that in my initial employment agreement as a permanent employee of Opera Software (original contact lost, it's a long time) there were non-competition clauses. If the company could decide whether to invoke clauses or not, what's the point of having them in contract? If a person goes to a competing company, he does not get the compensation for violation of the clauses. Otherwise, the company could choose not to invoke clauses so that the former-employee still gets no compensation. Sounds like a bug.
It makes me sad. Not a big amount of money at all. But oh man, that is the company I devoted myself to for 2 and a half years...
Thus, basically a complaint.
