You're Fired !

79

“Can’t prosecute? Is there no evidence?”

“En.”
As soon as the proposal was made, Lisa became interested, “What’s the situation? Is it that you want to dismiss an employee but there is no evidence of a serious disciplinary offense?”

Since slowly learning to think differently, Lisa has come to realize that although most of the time the employer is in an advantageous position in labor relations, the original intent of legislation such as the Labour Contract Law is to protect vulnerable workers, so sometimes if some workers have malicious intent and they take a wrong turn, they will often put the employer in a more passive position. It was clear that the worker had violated the law, but because the other party had exploited the legal loopholes, the company was unable to fire the other party and was instead passively beaten. So now she was very curious about Jisung’s situation.

“It’s not a serious violation of discipline, but it involves business secrets and non-compete.”
The non-compete clause is generally used for senior management or important technical posts. In general, these two positions either have easy access to operational decisions, trade secrets and market strategies, or they have expertise that has a significant impact on the company, which will be a major blow to the original company if they leave to join another competing company in the same industry.

Therefore, for these two types of people, most companies will require the other party to sign a non-compete agreement when they join the company, which will be used to bind the other party not to engage in the same kind of business or enter a peer company with which the company has a competitive relationship within a certain period of time after leaving the company, and this certain period cannot exceed two years, and during this period, the original company must pay non-compete Compensation.
Generally for these senior executives and important technical post employees, this monthly payment of non-compete compensation will be very high enough to satisfy the other party’s life. X Games, as a company that develops games, the core members of the game development team will certainly be required to sign this non-compete agreement, and based on the current situation…

“Has the core members of the development team breached the contract after resigning?”

Jungkook nodded, “Yes, X Games was planning to launch a new shooting game in December this year. This employee, Kang Taemu, was originally a core member of the game development team, but was found by Jisung to be falsely claiming money from the company, plus he often arrived late and left early, and had no team spirit. Jisung couldn’t bear it anymore and did not renew the contract with him when the labor contract expired. Taemu also signed a non-compete agreement and he could not go to a competing company after leaving the company. I have read the non-compete agreement that Jisung made him sign at the beginning, the terms are all legal and valid, and a list of competing companies is also listed, and Taemu has been paid a high non-compete compensation regularly according to the contract after he left. At the beginning he didn’t think there was anything wrong. Taemu really stayed at home after leaving his job, and there was no news of him going to work in another game company. But recently, Jisung suddenly discovered that the biggest competitor, Mercury Networks, is about to launch a shooting game. The elements, game world view, game plot, and even the characters are all almost the same as the X game that is going to be released in December.”

“So Jisung  suspects that Taemu is actually secretly working for Mercury Network?”

Jungkook looked grave and nodded, “Yes, but there is no conclusive evidence, and from the looks of it, it is not at all obvious that Taemu has contact with Mercury Network, and because of that, there is no way to sue Taemu  for violating the non-compete agreement, let alone get him to make a claim.”