# HELP: Ex-Employer threatening of filing abscond



## abujug (Feb 28, 2021)

I resigned from my ex employer's company and the visa was canceled on 21st feb.
They had my passport so I had to collect my passport from the airport but i never boarded my return flight as I got a new job and my new visa process has begun.

Now my ex employer sent an email today stating that i have to provide exit stamp proof or proof of visa change or they would file an abscond case. 

My Question is.. considering the last date of my canceled visa is 23rd march, can my ex employer still file an abscond case on me now? My new work visa is under process and should be ready by 10th march.


----------



## Stevesolar (Dec 21, 2012)

Hi,
As far as I know - if your former employer has already cancelled your visa - then you are not now their responsibility once you either leave the UAE, change your status or apply for a visit visa - within the 30 days grace period.
If your new visa is in process - have your new company already done a change of status?
If they have - then you are not then connected to your old company.
You are not obliged to tell your old company who you are now going to work for (or provide them a copy of your new visa)
Cheers
Steve


----------



## abujug (Feb 28, 2021)

Stevesolar said:


> Hi,
> As far as I know - if your former employer has already cancelled your visa - then you are not now their responsibility once you either leave the UAE, change your status or apply for a visit visa - within the 30 days grace period.
> If your new visa is in process - have your new company already done a change of status?
> If they have - then you are not then connected to your old company.
> ...


Thank you so much Mr Steve, I have signed the employment contract (Ministry of HR & Emiratisation document) today morning so I will have to check with my new employer if my "change of status" is done yet or not.
I am so relieved to hear that once this is done, I am not obligated to show the ex-employer my new visa as they are competitors.

Thanks alot Mr Steve...appreciate it.


----------



## Stevesolar (Dec 21, 2012)

Hi,
out of interest - did you sign an anti-competition clause as part of your contract with your previous employer?
if so - what restrictions (time limit and geographical areas covered)?
cheers
steve


----------



## abujug (Feb 28, 2021)

Stevesolar said:


> Hi,
> out of interest - did you sign an anti-competition clause as part of your contract with your previous employer?
> if so - what restrictions (time limit and geographical areas covered)?
> cheers
> steve


Yes there is an anti-competition clause mentioned in the contract for 2 years. No geographical area or any other information mentioned.

I would also like to add
1) I was still in my probation in my previous company. (Does this matter at all and change any of our above discussion?)
2) The old company is a factory that manufactures just 1 particular product. While the new company is a trading/distribution company that deals with 200 types of products and one of them being the same product as the previous company. So probably you cant call them as a "direct competitor" 
3) Old company is Ajman and new company is Dubai.


----------



## Stevesolar (Dec 21, 2012)

Hi,
Then you need to be a bit careful - but....
For an anti-competition clause to be enforceable in the UAE - it needs to be more specific than your one.
Generally they cannot be more than 6 months.
They can only be in the same Emirate.
You need to be in possession of trade secrets of your company.
Your original company needs to prove a monetary loss as a result of you working for the new company.
From your description above - these dont seem to apply.
This might not stop them from trying to take you to court for breaking the anti-competition clause - but they would be unlikely to succeed.
Just don’t be in a hurry to tell then where you are working now - don’t make it easy for them to try and intimidate you!
Once the change of status is done - the immigration department computer system will see that you are no longer associated with your previous company.
Cheers
Steve


----------



## abujug (Feb 28, 2021)

Stevesolar said:


> Hi,
> Then you need to be a bit careful - but....
> For an anti-competition clause to be enforceable in the UAE - it needs to be more specific than your one.
> Generally they cannot be more than 6 months.
> ...


I really appreciate your time and efforts to help a total stranger on the internet. Your messages have given me a huge sigh of relief. Thank you Mr Steve.. may god bless you.


----------

