Published on:
30 Jun 2025
8
min read
Human Resource Director Asia
So this comes a little late, but a couple of months back, I spoke with Paulinet Angela Tamaray of Key Media's HRD Asia on one of my favourite employment law topics: non-compete clauses.
The piece was published in May, but I'm only getting round to sharing it now. Confession time: I was reminded to do so only when I saw that the same publication had put out a piece with my good friend, Francis Chan, on C-suite exits.²
And as to why this is one of my favourite employment law topics, I think it's got to do with how it blends hard law and human drama.
On the one hand, you have the technical aspects. Whether there's even a legitimate proprietary interest. Whether the restraints are unreasonable bearing in mind the precise job scope and the nature of the industry. Whether you can make out the elements to obtain an injunction without notice. The list goes on.
And on the other hand, you've got the interpersonal conflicts. That tension in the air, when exits are being negotiated and each side is guessing at the other's plans. That sense of BETRAYAL, when a long-serving employee defects to a hated competitor.³ Private investigators tailing (ex-)employees to collect evidence of their nefarious activities, or the lack thereof.⁴ The list goes on.
And now I'm in a conflicts-free firm. Which means I can now act for employees (and not just employers).⁵ Send spiky correspondence⁶ to institutions on behalf of the underdog. Speak freely on panels without inadvertently undermining the interests of a colleague's corporate client. The list goes on.
And it's also the best of both worlds, because my colleagues and I can and do regularly advise and act for employers as well. How employment contracts and policies can be better worded. How to take action against rogue employees. How to manage investigations from statutory bodies. The list goes on.
So - it's a fun area to have some expertise in, and many thanks once again to Paulinet Angela Tamaray and her team for the chance to share practical takeaways and identify unknown unknowns.
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Article link: [https://lnkd.in/gp7T9hpt]
Disclaimer:
The content of this article is intended for informational and educational purposes only and does not constitute legal advice.
¹ Think of this post as a coda of sorts to my previous series on non-compete clauses. Or maybe an OVA,⁷ since I'm sure this won't be the last time I discuss this topic.
Part 1: https://www.linkedin.com/posts/khelvin-xu_employmentlaw-noncompetes-notlegaladvice-activity-7165552100997812224-YSkj
Part 2: https://www.linkedin.com/posts/khelvin-xu_employmentlaw-noncompetes-notlegaladvice-activity-7168097936487145474-Xuw3
Part 3: https://www.linkedin.com/posts/khelvin-xu_employmentlaw-noncompetes-notlegaladvice-activity-7173165829096660992-HB0k
Part 4: https://www.linkedin.com/posts/khelvin-xu_employmentlaw-noncompetes-notlegaladvice-activity-7178966367126134784-EtsH
Part 5: https://www.linkedin.com/posts/khelvin-xu_employmentlaw-noncompetes-notlegaladvice-activity-7181872220091072513-QH7U
Part 6: https://www.linkedin.com/posts/khelvin-xu_footnotes-employmentlaw-noncompetes-activity-7190925204515135488-BrOl
² https://www.hcamag.com/asia/specialisation/employee-engagement/vp-ousted-at-tesla-lawyer-shares-guide-to-managing-c-suite-exits-the-right-way/541124
³ Or at least, as perceived by the ex-employer.
⁴ We have Zhao Yang Ng to thank for that story, which he shared at Singapore Academy of Law employment panel session at the SCCA - Singapore Corporate Counsel Association Asia Pacific Legal Congress 2025 in April.
⁵ Which wasn't always the case. DM me if you'd like to find out more about commercial conflicts in big firms.
⁶ Only when warranted, of course.
⁷ https://en.wikipedia.org/wiki/Original_video_animation
