(Note: This post is also known as “Is this for real, DBSoft?”)

I read in on of my mailing list about a civil court case of a certain Susana Flores Molina who was sued by her old employer DBSoft Philippines, Inc. (DBSoft). Apparently, she is being sued because she transferred to a new company called CAI-STA, which is a company involved in business process outsourcing (BPO). DBSoft is claiming that she signed a Non-Compete Agreement that upon employment that stipulated that she cannot work with a competitor within two years of leaving DBSoft.

Ms. Molina claims she is very much aware that CAI-STA is not a direct competitor of DBSOft. However, the case stems from the alleged claim of DBSoft that ALL companies doing software development are considered competitors.

To give everybody a better idea, I’m publishing the email I received:

Hello Firends,

I would like to ask for your prayers specially on Jan 23, 2007, 8:30am.

I am currently an IT Professional and I will be attending a summary hearing at the Pasig Regional Trial Court that will be presided by Judge ALEX L. QUIROZ for DBOSFT’s application for a Temporary Restraining Order upon me to stop from working with CAI-STA(my present employer) while a civil case that they filed is ongoing. Usually, thise case might take several months, 6 months usually.

I am married with a 3 year old child and my husband is an ordinary employee as well. I am also supporting my parents who are both retired so that any decision on Jan 23 would really affect not only me

but my family to live.

The civil case DBSoft filed against me was regarding a “breach of contract” when I transferred to CAI-STA last Oct. 2005. I worked in DBSoft for 6 years, 1999-2005, and though I signed for a contract not to be enggaged in their direct competitors within 2 years after my end of employment with them, I am fully aware that CAI-STA is not one of

their direct competitors.

But as it is, DBSoft Phils. Inc., is claiming that all IT Companies that are engaged in software development are thier competitors.

Of all the resigned employees, even before me, I am the only one having this case at the moment. I might be being used to threaten other employees of theirs not to resign. I am very clean with clearance when I left DBSoft and so I know that my defense are strong. What really worries me is their request for a TRO for me to stop working while this case is open. I am just an employee trying to earn a living practicing my profession. I can’t believe that such a

company would want this to happen to me after the 6 years I’ve been loyal to them.

And worse, if TRO will be granted, not even proven guilty, DBSoft had already won destroying not only my career but my life as well. In connection, this would mean all IT Companies would follow the same style as DBSoft’s and all IT Professionals could suffer the same.

I am asking for your prayers that Judge Alex. L. Quiroz would be enlightened by the Holy Spirit and that TRO would not be granted. I do have a lawyer but it would really depends on the judge’s decision.

I am also asking for your help to forward this email to as many friends as you have even outside Philippines so that all employees would be aware that such case is possible. If you could paste this letter on blogs or forums I would really appreciate it. Who knows, this email might reach Judge Quiroz before the hearing on Tuesday.

As per my lawyer, it would be much better to let this out in media so that the world would be fully aware of such case.

I promise to keep you updated and thank you in advance for your prayers and help.

If you want to contact me, you could email back or you can call me at 09189199433 or 8017108.

Thank you in advance,

Susana Flores Molina