"Can't sue? Is there no evidence?"
"kindness."
As soon as the proposal was made, Bai Duanduan became interested: "What's the situation? Is the employee going to be dismissed but there is no evidence of the other party's serious violation of discipline?"
Since he began to slowly learn to think differently, Bai Duanduan also realized that although business owners are in an advantageous position in labor relations most of the time, the original intention of legislation such as the Labor Contract Law is to protect vulnerable workers. Sometimes if some laborers go astray, they will put the business owner in a more passive position. It is clear that the laborer violated the discipline, but because the other party took advantage of the legal loophole, the company has no way to fire the other party. Passively beaten. So now I am very curious about Xie Miao's situation.
"It's not a serious violation of discipline, but it involves commercial secrets and non-competition."
The non-competition clause is generally used for corporate executives or important technical positions. Generally, these two positions are not easy to know the company's operating decisions, business secrets and market strategies, or master professional technologies that have a significant impact on the company. However, once you leave your job and jump into a competing company in the same industry, it will be a major blow to the original company.
Therefore, for these two types of people, most companies will require the other party to sign a non-competition agreement when they join the company, which is used to restrain the other party from engaging in similar businesses that compete with the company or entering peer companies within a certain period of time after leaving the company. , this certain period cannot exceed two years, and during this period, because this agreement prevents the other party from engaging in the same industry, the original company must pay non-competition compensation.
Generally, for these executives and employees in important technical positions, the monthly non-competition compensation paid will be very high, enough to meet the other party's life. Yuwen Games, as a company that develops games, will definitely require the core members of the game development team to sign this non-compete agreement, and based on the current situation...
"A core member of the development team broke the contract after leaving?"
Ji Lin nodded: "Yes, Yuwen Games was planning to launch a new shooting game in December this year. This employee Tian Mu was originally a core member of the game development team, but because Xie Miao found out that he likes to make false reimbursements I stole some money from the company, and I often arrive late and leave early, which is not a team spirit. I couldn't bear it, and I didn't renew the contract with him when the labor contract expired. At the beginning, Tian Mu also signed a non-competition agreement. After resigning, it is reasonable to not go For competing companies, I have read the non-compete agreement that Xie Miao signed at the beginning. At first, I didn’t think it was a problem. Tian Mu really stayed at home after resigning, and I didn’t hear that he went to work in other game companies. But recently, Xie Miao suddenly discovered that the biggest competitor, Mercury Network, is about to launch a shooting game. The game, its elements, game world view, game plot, and even the characters are all almost the same as the Yuwen game that is going to be released in December."
"So Xie Miao suspects that Tian Mu is secretly working for Mercury Network?"
Ji Lin looked solemn, and nodded: "Yes, but there is no conclusive evidence. From the surface, it is impossible to see that Tian Mu has contact with Mercury Network. Because of this, there is no way to sue Tian Mu for violating the non-competition Agreement, let alone make him make a claim."
This is really difficult... Once the other party has made up their minds to avoid the risk of the non-compete agreement, obtaining evidence will become quite difficult.
"During the middle, Xie Miao also visited Tian Mu a few times, and even negotiated with Lu Shuisheng, the person in charge of the Mercury Network, but he didn't see any problems with the two of them. Now Xie Miao is a little confused. It’s clear, I suspect that I’m overthinking, maybe it’s because of the shooting of this game, the thinking and design of the main control team inadvertently overlapped, after all, it’s impossible for only one person in the world to come up with the same idea .”
Ji Lin pursed his lips: "But no matter what, there is no evidence to prove that Tian Mu violated the non-compete, so this is not a case at all, because there is no way to arbitrate or sue, Xie Miao's non-compete compensation You must also continue to pay Tian Mu."
"But if Tian Mu and Lu Shuisheng are really secretive, wouldn't Xie Miao die of aggrieved death? Not only did he spend a huge amount of non-competition compensation to support Tian Mu, but Tian Mu, who is a foodie, also played games with Wen Have you secretly sold all the business secrets and new game settings and information to Mercury Network?"
"The law is so cruel. Whoever advocates will provide evidence. Without evidence, no matter how miserable you are, you will be zero."
It sounds cruel, but it's true.
"Then what is Xie Miao going to do now? There is no countermeasure?"
"He's busy today, so we'll make an appointment tomorrow, and we'll check the current situation and see if Tian Mu can make a breakthrough."
This case sounds interesting and quite challenging, and it is Xie Miao's matter. Bai Duanduan was completely interested, and she stared at Ji Lin: "Can I join? The share is optional. If you are willing to give it to me, I can take less proportion!"
"You can add it if you want."
Ji Lin like this is like a chaste and strong woman who has encountered gangsters. Originally, the gangsters expected him to scream loudly and struggle desperately to have some fun, but Ji Lin not only didn't even shout, but also took the initiative to untie it without any desire to survive. here comes the clothes...
Bai Duanduan couldn't get used to such a non-resisting attitude: "Will you stop me?"
Ji Lin glanced at Bai Duandan: "Which time did I succeed in blocking what you want to do? I don't care about you."
After he finished speaking, he didn't care about Bai Duanduan any more, and went straight to the bedroom, probably about to change clothes, and before leaving, he looked back at Bai Duanduan: "Remember to throw away the peel when you leave later."
Because of raising a cat together, Bai Duanduan has been spending time at Ji Lin's house all year round, and after the meal, he would occasionally come to work overtime or discuss the case. , The two people's way of getting along has a tacit understanding of habit and nature.
Many times, the change of lifestyle is like boiling a frog in warm water. Bai Duanduan didn't think there was any problem with it at all, she didn't even realize that Ji Lin had walked into her life subtly and occupied her life. And she is the same for Ji Lin.
Bai Duanduan just cleaned up the fruit peels familiarly, then shouted "Then I'm leaving" towards the bedroom, and then turned back to his own room.
—
Because of Ji Lin's approval, Bai Duanduan joined the meeting that Xie Miao and Ji Lin agreed to meet the next day.
Regarding his appearance in the conference room, Ji Lin expressed his acquiescence, but Xie Miao showed a surprised look on his face. He glanced at Bai Duanduan, and almost subconsciously said: "Do you really want to bring someone to connect with me? I thought it was a joke when you called me last night and said that you would bring someone with you."
Ji Lin pursed his lips and said concisely: "I'm not joking. This is Bai Duanduan, my colleague."
Xie Miao probably realized that he had lost his composure just now, so he lowered his expression, introduced himself, and exchanged business cards with Bai Duanduan.
Time is precious, and each of the three is very professional. Once seated, no minute was wasted. Ji Lin made a simple opening speech, and then began to sort out the current situation.
Xie Miao roughly explained the cause and effect of the matter, and he sighed: "I know that Tian Mu is greedy for petty gains, and sometimes his hands and feet are not clean, but because he is a core employee of game development, he is indeed creative and skilled. I am still a senior game player, and I know what users want very well. Such a talent is rare, so I have always turned a blind eye to it, but I didn't expect his appetite to grow. That meal was reimbursed."
Xie Miao's voice was slightly angry: "He even has a tendency to not comply with the regulations even in the cooperation with Party B. He starts to hint that the other party will give him rebates and kickbacks. In order to get these money, he will not hesitate to award some cooperation contracts. I couldn't bear this matter to Party B who was not qualified enough, and his labor contract was just about to expire at that time, so before he violated the company's major interests, I didn't renew the contract with him and handled his resignation. "
Bai Duanduan pursed his lips: "Is your non-renewal process legal? Are there any flaws?"
Ji Lin glanced at Bai Duanduan, and said in a calm voice, "I did it."
That is absolutely flawless.
Xie Miao glanced at Ji Lin: "Yes, Ji Lin helped me deal with it. There is no problem, and all the money that should be paid has been paid. In fact, he also knew in his heart that according to the evidence in my hand, it was obvious that he could use serious violations of discipline at the beginning. If he is fired directly, he doesn't even need to pay economic compensation, and it will affect his reputation in the industry, but in the end I thought, he is the person who masters the key technology and the company's business secrets, and he still wants to get together and break up, and coax him with good words. So in the end, the money is enough, and the face is also enough."
"Did he react violently to not renewing his contract?"
"No, Tian Mu is very calm, and the non-competition agreement has been confirmed with him again and again. At the beginning, he also said that it was just right, and he was happy to be free, so he was going home to recuperate and accompany his wife."
Bai Duanduan nodded. She has also dealt with the forensics of non-competition disputes before, and she has a few ideas: "Now what we have to do is very clear. First, we need to prove that there is business competition between Mercury Networks and Wenwen Games." relationship; second, to prove that Tian Mu joined the Mercury Network."
Ji Lin nodded: "The first point is well proved. First of all, in the non-compete agreement signed by Tian Mu, I listed in the attachment which companies are in competition with Wen Games. Mercury Networks In it, the words in black and white are clear."
Bai Duanduan frowned: "Will he use the scope of non-competition agreement to be too large, infringing on his right to choose a job freely as a worker? Did you agree with many competing companies in this attachment list? Because Whether the scope of the non-competition agreement is too large now involves the discretion of the judge, so on the first point, there may not be a risk of proof.”
Although Bai Duanduan's original intention to participate in this case was a little selfish, but when she really entered the discussion stage of the case, she was very calm and able to bury herself in the case for consideration.
Ji Lin usually doesn't like to handle cases with other lawyers, at most he can teach a few newcomers and assistant lawyers, because he can still tolerate the mistakes or slowness of newcomers or assistant lawyers, but he absolutely can't stand lawyers with certain qualifications and experience. When working with him, he is always out of shape or unable to keep up with his own thinking. He does not have a lot of patience.
It's just that Bai Duanduan's performance really surprised him. Her thinking is rigorous, her mind is quick, and her thinking is clear. And because she previously represented mostly employees, now that she discusses it, she can think about issues from the perspective of employees' defense and find out the weaknesses in the company's litigation strategy, which unexpectedly complements her very well.
The question she raised does exist, but fortunately it will not cause trouble.
"This really depends on the judge's discretion, but there are indeed precedents before. Even if the scope of non-competition stipulated is too wide, it will not naturally affect the performance of non-competition obligations. The most important thing is to prove that Mercury Network and news media The game does have competition."
Ji Lin paused: "As for this, there is a way to check the business scope of Mercury Network's business license, and go to Mercury Network's official website to see their business introduction, as well as the competing game of this kind that they are currently launching. These are enough to form a complete chain of evidence."
Bai Duanduan nodded clearly: "Then the question now is how to prove the second point."
Xie Miao mentioned this, with a look of embarrassment on his face: "That's the problem. Ji Lin also told me that there are only a few ways to prove this point. If Tian Mu really joined Mercury Network, then Let’s start with the five social insurances and one housing fund paid by Mercury Network and the personal income tax payment voucher, once there is a payment record, it is certain that he will go to work for Mercury Network.”
Bai Duanduan smiled: "Yes, our lawyers cannot directly collect evidence to obtain the payment information of the other party's company, but we can apply to the arbitration commission or the court for investigation and evidence collection. The process is cumbersome, but it can achieve results."
"But that's the problem." Xie Miao sighed. It's not that I haven't hinted at this point with Tian Mu. If he refuses to admit it, he will spend a lot of energy in obtaining evidence in the end. He still won't be able to return the non-compete compensation and make a decision The end of the compensation, but Tian Mu was very calm throughout the communication process. His attitude was very firm, and he told me that he had never joined Mercury Network, so there were no such payment records. It seemed that he was really not afraid of me to check. "
"What about phone recordings? Tried this?"
Ji Lin pursed his lips: "Of course I tried it. I called Mercury Network's office phone with various reasonable identities such as couriers and partners at intervals, and said that I wanted to find Tian Mu. He said defensively that when he was helping with the transfer, he could use the phone recording for notarization to prove that Tian Mu had indeed joined Mercury Networks, but in the end, the employees who answered the phone all said that they made a mistake, and there was no colleague Tian Mu, saying that it must be Mistake."
"Yes." Xie Miao nodded, "And it wasn't the same Mercury Network employee who answered the phone several times, but they all said no, and they had never heard of the name Tian Mu, and they didn't even hesitate to answer. , It really doesn’t seem like you’re lying. I even found a few couriers who were in charge of their company’s business, and asked them to pay attention to me when they delivered the courier. These couriers have long-term cooperation with Mercury Network. It’s an old face, but the answer I gave me in the end is the same, there is no such person as Tian Mu.”
Speaking of this, Xie Miao felt a little helpless: "Anyway, I have tried all possible methods, and I even found someone to squat at the gate of Mercury Network Company for a month to see if I could get a picture of Tian Tian. There are no photos of Mu entering the company, and it turned out that Tian Mu had never been there. He stayed at home most of the time, staying at home, just like what he told me. Going to the gym, there's really nothing suspicious."
Bai Duanduan asked a few more questions, and Ji Lin also added a few more. The three of them sorted out all the current ideas together, including the possibility of other missing proofs, but in the end they couldn't find out that Tian Muyou joined Mercury. Network signs.
In this regard, Xie Miao was also a little embarrassed and embarrassed: "Although Mercury Network and our company's game are very similar, it does not rule out that their independent development has collided with our ideas. Maybe I overreacted."
Before a new game is launched, a competitor happens to be the first to release a highly similar game of the same type. Anyone would think too much, but now it is difficult to find evidence that a former employee has joined Mercury Networks, so all doubts are just doubts.
Although it is rare, as Xie Miao said, Tian Mu is indeed innocent, and Mercury Network just happened to think of this situation with Yuwen Games in game design.
Without evidence, relying only on one's own imagination, it is true that Tian Mu cannot be wronged like this. Even if his hands and feet were not clean and had misconducts during the game with Wen, it cannot be concluded that his poor character must have violated the non-compete agreement.
Xie Miao naturally knew this too, and the current situation was actually a bit embarrassing.
Ji Lin analyzed the situation for him straightforwardly: "Now you have almost no confidence that you can prove that Tian Mu violated the non-competition agreement. Of course, you can choose to go to labor arbitration and apply for the arbitration tribunal to help obtain evidence together, such as going to Mercury Internet company visits for further investigation, etc., but you have to think clearly, once you embark on the road of arbitration and subsequent prosecution, the relationship between you and Tian Mu will be torn apart. In case the arbitral tribunal cannot obtain relevant evidence, Then you will completely offend Tian Mu, which will irritate him instead. He holds the important business secrets and game project information of the game, but don’t think that he really didn’t do anything wrong to the company. Do something."
"Recourse to the law is after all a kind of after-the-fact relief. If there is no infringement, it is of course a better thing."
Xie Miao would not be ignorant of the pros and cons, he nodded: "I know, judging from the current situation, in fact, even if I go to arbitration, I may not get any evidence in the end..." He pursed his lips, "So I plan to ask Tian Mu out tomorrow."
"I will directly bring the information about the similar game newly launched on Mercury Network this time, take it out by surprise, see his reaction, and then have a good chat with him according to his reaction, and then rely on my own free testimony to make a decision." Let’s make a judgment, if you really think it’s still too suspicious, then it’s not too late to go to arbitration.”
Now that Xie Miao, the person involved, has made a decision, Ji Lin and Bai Duanduan naturally expressed their support.
"However, I will trouble you both to accompany me when the time comes." Xie Miao was a little embarrassed when she said this, "I'm good at technology, but I'm not very good at this kind of negotiation. It's true if Tian Mu shows his feet It's a violation of non-compete, so I'd like to trouble you to help me fix the evidence together." He smiled, "Besides, I have two lawyers with me, which may be more intimidating to Tian Mu, and I must finally put on airs and be imposing. , let him lie a little psychological pressure."
"no problem!"
Bai Duanduan immediately agreed, and Ji Lin also nodded.
At the end of a meeting, Bai Duanduan suddenly received a call from a client, and Ji Lin sent Xie Miao away alone.
Xie Miao finished talking about business affairs, and now there were only him and Ji Lin left in the conference room, and he finally relaxed a bit. He glanced at Ji Lin, and couldn't help it: "You never let others touch my business, why? Call that lawyer Bai?"
Although since graduating from university, Xie Miao and Ji Lin are usually busy, and they don't communicate frequently or come out to get together, and sometimes they don't say a word for more than half a year, but Xie Miao knows that Ji Lin's performance, although looking at He's aloof, but once he's in trouble, he's a very reliable person to turn to.
Now that I have encountered problems in the field of labor disputes, according to Ji Lin's personality, no matter how small the amount of the subject of his case is, or even if it is a voluntary nature that allows him to help for free, he will never pretend to be someone else, and will definitely do it himself from beginning to end help out. Because he is such a person, he looks difficult to get along with, and even often utters bad words, but he is very sincere in his heart, and he will definitely go through fire and water for the friends he believes.
He treats other clients well, but he treats people he cares about. Ji Lin is a little obsessive-compulsive. Once Xie Miao came to consult a few very small labor contract issues. Ji Lin was busy with a multinational labor dispute and only slept for a dozen hours a week. Xie Miao asked him to find another reliable lawyer in the firm to deal with him. But Ji Linsheng insisted on answering the question in detail by himself. It's just such an axis person.
Therefore, Xie Miao was very surprised that Ji Lin called him yesterday to inform him that another lawyer was involved, and even thought Ji Lin was joking. It's just that he didn't expect that he would actually let another lawyer participate. If it was a male lawyer, Xie Miao would probably think that he was a colleague that Ji Lin could trust 100%. However, this is a female lawyer, and she is also very beautiful, thank you Miao couldn't help thinking of something else.
"you like her?"
Ji Lin glanced at Xie Miao calmly and casually: "She is very professional."
After he finished speaking, he didn't want to explain any more, so he sent Xie Miao away.
But Xie Miao couldn't help laughing.
She's very professional—
That's what I like.
Because of Ji Lin's personality, if he doesn't like it, he will answer "no" to himself instead of answering the question, trying to explain that "she is very professional" that she is worthwhile and reliable.
The author has something to say: all comments with more than 15 characters in this chapter will be given red envelopes~ (as of 8 o'clock when the next chapter will be issued tomorrow night)
[small theater]
Xie Miao: Do you like Lawyer Bai
Ji Lin: She is very professional.
Xie Miao: Lawyer Bai, you also think it is very beautiful.
Ji Lin: She is willing to work overtime.
Xie Miao (jokingly probing): Then shall I chase after Lawyer Bai
Ji Lin: No, I like it.