Is helping a friend on off-working hour is consider breaching competition term?

[Shirleytty]

I was a full time video editor. Last Nov I was given immediate termination by my employer under Breach of Non-competition term in LOA without paying me salary as well as any retrenchment benefits (salary in lieu) as I provided professional assistant to an ex-colleague, also a friend of mine when he asked for my help regarding videography and video editing matters using my own equipments, gears and tools during my personal leisure time (non-working hours), as promised he treated me a meal in return. I insist I'm not doing freelance or part time because I do not get any paid, my initial intention is just lend a hand to a friend. The employer found out this when they intrude my personal whatsapp messages without my consent, not forgetting to print screened up to 70 pages as according to them. According to employer side, whenever I log in my whatsapp into company comp, it automatically becomes company property and the employers has all rights to read through the personal messages.

The Non-Competition term stated in my contract as following:
You shall not at any time during the continuance of or within 6 months from the date of the termination of your employment or the expiry of this Agreement, directly or indirectly, entice or divert away any of the existing or potential clients or business contracts or employees of the company, or to enter in the employment of or provide technical, commercial or professional advice as an independent contractor to any business concern which is wholly or partially in competition with the business carried on by the company.

My concern is,

1. Is this consider a wrongfully termination?
2. Is the term stated that I cannot work anything relating to videography/video editing industry in coming 6 months because it is wholly or partially in competition?

 

[cbg]

1.) No. A wrongful termination means that there is a specific LAW that would have prohibited your employer from terming you. It does not mean that you disagree with his perception of your actions.

2.) I'm not even sure what you're asking here.

 

[quincy]

I was a full time video editor. Last Nov I was given immediate termination by my employer under Breach of Non-competition term in LOA without paying me salary as well as any retrenchment benefits (salary in lieu) as I provided professional assistant to an ex-colleague, also a friend of mine when he asked for my help regarding videography and video editing matters using my own equipments, gears and tools during my personal leisure time (non-working hours), as promised he treated me a meal in return. I insist I'm not doing freelance or part time because I do not get any paid, my initial intention is just lend a hand to a friend. The employer found out this when they intrude my personal whatsapp messages without my consent, not forgetting to print screened up to 70 pages as according to them. According to employer side, whenever I log in my whatsapp into company comp, it automatically becomes company property and the employers has all rights to read through the personal messages.

The Non-Competition term stated in my contract as following:
You shall not at any time during the continuance of or within 6 months from the date of the termination of your employment or the expiry of this Agreement, directly or indirectly, entice or divert away any of the existing or potential clients or business contracts or employees of the company, or to enter in the employment of or provide technical, commercial or professional advice as an independent contractor to any business concern which is wholly or partially in competition with the business carried on by the company.

My concern is,

1. Is this consider a wrongfully termination?
2. Is the term stated that I cannot work anything relating to videography/video editing industry in coming 6 months because it is wholly or partially in competition?

What is the name of your state?

You should have the contract with your employer personally reviewed in its entirety by an attorney in your area to see if the noncompetition clause is enforceable in your state as written.

If you used the company's computer, your employer has a good argument for accessing its contents.

Good luck.

 

[adjusterjack]

What is the name of your state?

I believe that the OP is not in the US.

 

[quincy]

I believe that the OP is not in the US.

That is a good possibility.