Leaving Employees: No Confidentiality Agreement, No Responsibility?

well-known

Running shoes design drawings outflow, it is the resignation designer leak.

Recently, a well-known shoe company submitted a petition to the Siming District Court, suing the resignation senior.

It requires the other party to stop the infringement immediately and compensate for the loss of more than 420 thousand yuan.

It is reported that after the departure of the senior designer, when he applied to another shoe company, he provided the company with an unlisted company.

Design drawings and other trade secrets, and the two shoe companies are competitors.

Famous shoe enterprises: employees should be compensated for leakage.

According to the plaintiff's prosecution of a well-known shoe company, Mr. Li joined the company 9 years ago and served as a design specialist, senior designer and senior designer in the footwear design department of the R & D center.

Prior to the signing of the labor contract and other documents, the company clearly stipulated the company's business secrets, including product design drawings, plans and other materials, Mr. Li also promised to comply.

However, shortly after Mr. Li resigned in April last year, the company received a report material.

According to the report, when Mr. Li left office to apply for the company's competitors, he would provide the company's Unlisted running shoes design drawings, product plans and order performance as materials for the company.

After receiving the report materials, the plaintiff immediately checked with Mr. Li.

At that time, Mr. Li admitted in his dialogue that he had embezzled and disclosed the plaintiff's commercial secrets in his application.

Departing employees: no confidentiality agreement, no responsibility.

Recently, the Siming District Court heard the infringement dispute. In the court, the defendant designer Mr. Li pleaded that he had done his duty during the work of the original company and strictly kept business secrets.

But after leaving, the two sides did not sign a confidentiality agreement, so he did not have to take responsibility.

According to Mr. Li, he has worked in the company for many years and has been engaged in the design work. Besides the monthly salary of 3000 yuan, he also has performance bonus.

After he left office last year, the company did not pay the compensation, and neither side had signed a confidentiality agreement.

According to the contract between the company and Mr. Li, Mr. Li can not serve in the company that has competition relationship with the plaintiff company within two years after leaving office, otherwise he should bear a penalty of not less than 100 thousand yuan.

However, during the two years of prohibition of business strife during the two years after Mr Lee left office, the plaintiff company will issue Mr. Li a compensation to comply with the obligation of prohibition of business strife.

"The company has not paid the compensation to me as yet."

Mr. Li also said that the resume he had applied for was mainly attached to the product photos and the works he had designed after leaving the company's official website.

The secret of audio recording: designers apply for jobs like this?

During the court hearing, the plaintiff company also submitted a recording evidence to the court to prove that Mr. Lee admitted the fact that he had disclosed the secret.

In this recording, Mr. Li, facing the questioning of his old colleague, admitted to himself, "Lin Jie, you know, I haven't done any design for two years. I have nothing. I can only use someone else's.

This designer knows that everyone operates like this. Before they go out for an interview, they will take other people's design.

And Mr. Li said, "all my designs are unlisted, and there are twenty or thirty."

In the end, the court decided on the basis of the key recording and other evidence, and found that Mr. Li's resume submitted to his competitors contained a series of designs and product plans of the plaintiff's well-known shoe companies.

The court held that the design and product plan of the plaintiff company constituted a business secret.

In his recordings, Mr. Lee admitted that the contents of his resume were not listed, so his behavior had violated the plaintiff's commercial secrets.

Recently, the Siming District Court made a first instance decision, requiring Mr. Li to stop the infringement immediately and compensate for the loss of the original company by 30000 yuan.

The judge said that the labor contract signed by the two parties only agreed that if the plaintiff gave up the prohibition of prohibition of business strife without payment of compensation, he did not agree to give up the obligation of confidentiality, so the company still had the right to claim compensation from the leak employee.