You’ve Been Fired!

"Can't prosecute? Is there no evidence?"

"Yep."

After a proposal, Bai Duanduan came to be interested: "What is the situation? Is the employee to be fired but there is no evidence of serious violation of discipline?"

Since beginning to slowly learn empathy, Bai Duanduan has also realized that although business owners are in a dominant position in labor relations most of the time, the original intention of legislation such as the labor contract law is mostly to protect disadvantaged workers. Sometimes, if some workers go wrong with their intentions, they will often put the business owner in a more passive position. It is clear that the worker has violated the rules, but because the other party has taken advantage of the law, the company cannot expel the other party. Instead, Passively beaten.So now I am very curious about Xie Miao's situation.

"It is not a serious violation of discipline, but it involves trade secrets and competition restrictions."

This clause of competition restriction is generally used for corporate executives or important technical posts. Generally, these two posts are not easy to understand the company’s operational decisions, trade secrets and market strategies, or they have mastered the professional technology that has a significant impact on the company. , Once you leave your job and enter 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 at the time of entry to restrict the other party from engaging in similar businesses that compete with the company or entering a peer company within a certain period 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 similar industries, the original company must pay compensation for competition restriction.

Generally, for these senior executives and important technical employees, this monthly compensation for competition restriction will be very high, enough to satisfy the other party's life.As a game development company, Yuwen Games will definitely require the core members of the game development team to sign this competition restriction agreement, and the current situation is to speculate...

"A core member of the development team has breached the contract after leaving?"

Ji Lin nodded: "Yes, Yuwen Games was planning to launch a new shooting game in December this year. The employee Tian Mu was originally a core member of the game development team. As a result, Xie Miao found that he liked false claims. Mistaking the company’s money, plus the fact that he usually arrives late and leaves early, is not a team spirit. After the labor contract expires, he will not renew his contract. Tian Mu also signed a competition restriction agreement. After resignation, according to the principle, he cannot go. For competing companies, I have read the agreement on the restriction of competition signed by Xie Miao. The terms are all legal and valid, and a list of competing companies is also listed. After Tian Mu resigned, he also paid high compensation for restriction of competition regularly according to the contract. At first, I didn’t think there was anything. Tian Mu did stay at home after leaving his job, and he never heard of going to work in another game company, but recently Xie Miao suddenly discovered that the biggest competitor, Mercury Networks, is about to put a shooting category on the shelves. The game, its elements, game world view, game plot, and even character images are all almost the same as the one that will be released in December."

"So Xie Miao suspects that Tian Mu is actually secretly working for Mercury Networks?"

Ji Lin looked solemnly and nodded: "Yes, but there is no conclusive evidence. On the surface, it is impossible to see that Tian Mu has contact with Mercury. Because of this, it is impossible to sue Tian Mu for violation of competition restrictions. The agreement, let alone make him make a claim."

This is really difficult... Once the other party has made up his mind to avoid the risk of a non-compete agreement, obtaining evidence will become quite difficult.

"In the middle, Xie Miao visited Tian Mu several times, and even negotiated and tried several times with Lu Shuisheng, the person in charge of Mercury Network, but he didn't see what was wrong with the two of them. Now Xie Miao can't handle it. I’m clear, I suspect that I’m overwhelmed. It may indeed be in the shooting of this game. The idea and design in the main control team have inadvertently overlapped. After all, the same idea cannot be imagined by only one person in the world. ."

Ji Lin pursed his lips: "But anyway, there is no evidence to prove that Tian Mu violated the competition restriction, so this is not a case at all, because there is no way to arbitrate or sue. Xie Miao’s competition restriction compensation Must continue to pay Tian Mu."

"But if Tian Mu and Lu Shuisheng are really secretive, isn't this Xie Miao succumbing to death? Not only did he spend a large amount of compensation for competition restrictions to raise Tian Mu, but Tian Mu, who eats inside and out of the country, also plays with him. All of the trade secrets and the settings and information of the new game are secretly sold to Mercury Network?"

"The law is so cruel. Whoever advocates who gives evidence, no matter how miserable you are without evidence, it will be zero."

This is cold, but it is true.

"How about Xie Miao's preparation now? There is no solution?"

"He has something to do temporarily today, so we will make an appointment tomorrow and we will meet again. System Geography will take care of the current situation and see if Tian Mu can have a breakthrough."

This case sounds a bit interesting, quite challenging, plus it was Xie Miao’s business. Bai Duanduan became completely interested, and she stared at Ji Lin: "Can I join? You can share it or not, if you are willing to give it to me, I can take less proportion!"

"Add if you want."

Ji Lin is like a virgin martyr who has encountered a gangster. The gangster expected him to scream and struggle for a bit of fun. As a result, Ji Lin not only yelled or yelled, but also had no desire to survive. Here comes the clothes...

With such a non-resisting attitude, Bai Duanduan is not used to it: "You won't stop it?"

Ji Lin glanced at Bai Duanduan: "What do you want to do when I finally stopped it? I don't bother to care about you."

After he finished speaking, he stopped paying attention to Bai Duanduan, and walked towards the bedroom, about to change his clothes. Before leaving, he looked back at Bai Duanduan and said, "Remember to throw away the peel when you leave."

Because of co-raising a cat, Bai Duanduan has been staying here in Jilin for a long time recently. After the meal, he occasionally comes to an impromptu overtime or case discussion. As a result, Bai Duanduan has been able to come and go to Jilin’s house freely. , There is a tacit understanding in the way of getting along between the two.

In many cases, the change of lifestyle is like boiling a frog in warm water. Bai Duanduan didn’t feel that there was any problem at all. She didn’t even realize that Ji Lin had entered her life and occupied her life imperceptibly. And she did the same with Ji Lin.

Bai Duanduan just cleaned up the peels well enough, and then shouted "Then I'm going" toward the bedroom, and then turned back to his room.

——

Because of Ji Lin's approval, Bai Duanduan also joined the meeting agreed by Xie Miao and Ji Lin the next day.

Ji Lin acquiesced in appearing in the conference room, but Xie Miao showed a look of surprise on his face. He glanced at the white ends and almost subconsciously said: "You really want to bring someone to meet me? I still I thought you called me last night and said that I would bring someone with me is a joke."

Ji Lin pursed his lips and said concisely: "No kidding. This is Bai Duanduan, my colleague."

Xie Miao probably realized that he was a little misbehaving just now, so he constricted his expression and introduced himself while exchanging business cards with Bai Duanduan.

Time is precious, and each of the three is very professional. Once seated, no one minute was wasted. Ji Lin made a simple opening remark and began to sort out the current situation.

Xie Miao roughly explained the cause and effect of the incident. He sighed: "I know that Tian Mu is greedy for petty and cheap, sometimes his hands and feet are not clean, but because he is a core employee of game development, he is indeed creative and knows technology. I am still a senior game player and know what users want. Such talents are very rare, so I have always kept one eye closed, but I didn’t expect his appetite to become bigger and bigger. That order is reimbursed."

Xie Miao’s voice brought some faint anger: "He even has a tendency to not comply with the regulations in his cooperation with Party B. He began to imply that the other party will give him rebates and rebates. In order to get the money, he will not hesitate to contract out some cooperation. I couldn't bear this incident to Party B who didn't pass the basic qualifications. At that time, his labor contract expired, so before he infringed on the company's major interests, I did not renew his contract 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 his voice was faint: "I handled it."

That is absolutely no flaws.

Xie Miao glanced at Ji Lin: "Yes, Ji Lin helped me deal with it. There is no problem. He also gave all the money that should be given. In fact, he also knew in his heart that according to the evidence in my hand, it was clear that he could use serious violations of discipline. Those who are expelled directly will not even have to pay economic compensation, which will also affect his reputation in the industry, but I finally thought that he is a person who has key technologies and company trade secrets, and he still wants to get together and disperse, 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 visa?"

"No, Tian Mu is very calm, and the agreement on the restriction of competition 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 ready to go home to cultivate and accompany his wife."

Bai Duan nodded her head. She has dealt with the issue of evidence collection in competition restriction disputes before. There are no more than a few ideas: "Now we have to be very clear. First, we need to prove that Mercury Networks and Wengame have business competition. Relationship; second, it proves that Tian Mu has joined the Mercury Network."

Ji Lin nodded: "The first point is very good proof. First of all, in the competition restriction agreement signed by Tian Mu, I listed in the annex which companies are in competition with WenGame. In it, the white paper and the black text are plain."

Bai Duanduan frowned: "Will he use the scope of the non-competition agreement to be too large, infringing his right to freely choose employment as a laborer? Did you agree to many competitive companies in this annex? Because Whether the scope of the current competition restriction agreement is too large, this involves the discretion of the judge, so on the first point, there may not be a risk of proof."

Although Bai Duanduan wanted to participate in this case with a little selfishness in the original intention, when she really entered the discussion stage of the case, she was very calm and was able to bury herself in the case for consideration.

Ji Lin usually doesn’t like to handle cases with other lawyers. At most, he teaches a few new recruits and assistant lawyers. He can still tolerate the mistakes or slowness of new recruits or assistant lawyers, but he absolutely cannot tolerate lawyers and lawyers with certain qualifications and experience. When he worked together, he was always out of state or unable to keep up with his own thinking. He did not have a lot of patience.

It's just that Bai Duanduan's performance really surprised him. She has strict thinking, quick mind and clear thinking.And because she used to represent mostly employees, but now she is able to think about issues from the perspective of employee defense and find weaknesses in the corporate litigation strategy. This unexpectedly complements her.

The question she asked does exist, but fortunately it won't cause trouble.

"This really relies on the discretion of the judges, but there have been precedents. Even if the scope of the restrictions on competition is too wide, it does not take it for granted to affect the performance of the obligation to restrict competition. The most important thing is to prove that the Mercury network and the news There is indeed competition in the game."

Ji Lin paused: “As for this, there is a way to check the business scope of Mercury Network’s business license, plus go to the Mercury Network’s official website to see their business introduction, and the similar game they are currently on the shelves. Products, these are enough to form a complete chain of evidence."

Bai Duan nodded clearly: "Then the question now is how to prove the second point."

Xie Miao mentioned this, with a distressed expression on his face: "This is the problem. Ji Lin also told me. To prove this, there are no more than several ways. If Tian Mu really joins the Mercury Network, then Start with the five social insurances, one housing fund and personal income tax payment vouchers that Mercury paid him. Once he has a payment record, he will go to Mercury to work."

Bai Duanduan smiled: "Yes, at this point, our lawyers cannot directly obtain evidence from the other company's payment information, but can apply to the Arbitration Commission or the court for investigation and evidence collection. The process is more troublesome, but it can achieve results."

"But here is the problem." Xie Miao sighed. I didn't mean that He Tian Mu had hinted at this point. If he refuses to admit it, he will spend a lot of energy to obtain evidence. He still can't run away and return the competition restriction compensation. The end of the compensation, but Tian Mu appeared very calm throughout the communication process. His attitude was very determined. He told me that he had never joined the Mercury Network, so there was no such payment record. It seemed that I was really not afraid of me to check."

"How about phone recording? Have you tried this?"

Ji Lin pursed his lips: "Of course I tried. I called Mercury's office phone with various reasonable identities such as couriers and partners at intervals. I said I wanted to find Tian Mu, and I was ready to wait. Precautionary statement that when helping with the transfer, using this phone recording for notarization can prove that Tian Mu has indeed joined the Mercury network, but the employees who answered the phone directly said that the call was wrong. There was no colleague Tian Mu, saying that it must be. Make a mistake."

"Yes." Xie Miao nodded, "And the person who answered the phone several times was not an employee of the same Mercury network, but they did say no. They had never heard the name Tian Mu before, and they did not even hesitate to answer. , It really doesn’t seem to be lying. I even found a few couriers in charge of their company’s business once, and asked them to help me pay attention to them when they deliver the courier. These couriers and Mercury Networks have long-term cooperation. He’s an old face, but the final answer to me is the same. There is no such person as Tian Mu."

Speaking of this, Xie Miao is also a little helpless: "In short, I have tried all the methods that can be tried, and even I have found someone to stay at the gate of Mercury Networks for a month, wanting to see if I can photograph Tian. There was no picture of Mu entering the company, and Tian Mu did not go there. He stayed at home most of the time, staying in his house. He told me to play games and watch TV series at home, and only occasionally go out. Go to the gym, there is really nothing suspicious."

Bai Duanduan asked a few more questions, and Ji Lin also added a few. The three of them sorted out all the current thoughts, including the other missing proof possibilities, but in the end they were unable to find out Tian Muyou's appointment to Mercury. Signs of the network.

In this regard, Xie Miao was also a little embarrassed and embarrassed: “Although Mercury Networks and our company’s game are very similar, it does not rule out that their independent development and our creative collision, perhaps I overreacted.”

Before the launch of the new game, I encountered competitors who happened to be the first to list the same highly similar game. Who would think about it, but now it is difficult to find evidence that a resigned employee has joined Mercury. All doubts are just doubts.

Although it is rare, as Xie Miao said, it is not that Tian Mu is indeed innocent. The Mercury Network just happened to think of this situation in the game design of Yuwen Games.

Without evidence, relying only on your own conjecture, you really can't just wrong Tian Mu like this.Even if his hands and feet were not clean and had misbehavior during the game with Wen Wen, he could not conclude that the other person's product was bad and violated the non-competition agreement.

Naturally, Xie Miao knew this too. The situation like this is actually not embarrassing.

Ji Lin straightforwardly analyzed the situation for him: "You can hardly prove that Tian Mu violated the competition restriction agreement. Of course, you can choose to go to labor arbitration and apply to the arbitration tribunal to help collect evidence, such as going to Mercury. Internet companies visited for further investigations, etc., but you have to think clearly that once you embark on the path of arbitration and subsequent prosecution, you and Tian Mu will be torn apart. In case the arbitration tribunal cannot retrieve relevant evidence, Then you completely offend Tian Mu. This will irritate him. He holds and hears the important trade secrets of the game and game project information, but don’t really do anything to apologize to the company. You are so irritated instead. Do something out."

"Applying to the law is after all an afterthought. If the infringement does not occur, it is of course a better thing."

Xie Miao would not know the pros and cons. He nodded: "I know, based on the current situation, even if I go to arbitration, I may not get any evidence in the end..." He pursed his lips." So I plan to invite Tianmu out tomorrow."

"I will directly bring the information about the game similar to the new Mercury network this time, take it out by surprise, and see how he reacts, then have a good chat with him based on his reaction, and then rely on my free heart to do it. Just make a judgment, if it is still too suspicious, it will not be too late to go to arbitration."

Now that Xie Miao, as the party concerned, made the decision, Ji Lin and Bai Duanduan naturally expressed their support.

"But I will trouble you two to accompany you at that time." Xie Miao said here, a little dazed, "I'm good at technology, in fact, this kind of negotiation is not very good, in case Tian Mu shows his feet. It’s a violation of the competition restriction, so I have to trouble you to help me fix the evidence." He smiled, "Moreover, I took two lawyers, which may be more deterrent to Tian Mu. Finally, I have to put on a good air and have the momentum. , It’s also a little psychological pressure to make him lie."

"no problem!"

Bai Duanduan immediately agreed, and Ji Lin also nodded.

After a meeting ended, Bai Duanduan suddenly received a call from a customer, so Ji Lin sent Xie Miao away by himself.

Xie Miao finished talking about official business. At this moment, he and Ji Lin were the only two people left in the conference room. They finally relaxed. He looked at Ji Lin and couldn’t hold back: "You never let others touch me. Why? Called that lawyer Bai?"

Although Xie Miao and Ji Lin are usually busy since graduating from university, they don’t contact frequently or come out to get together, and often they don’t say a word for more than half a year. However, Xie Miao knows that Ji Lin’s performance is despite watching Quite indifferent, but once he has difficulties, he is a very reliable target for help.

Now I have encountered problems in the field of labor disputes. According to Ji Lin’s personality, no matter how small the amount of his case is, or even if he is willing to help free of charge, he will not fake hands with others, and will definitely do it himself from beginning to end. Help solve it.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 his friends.

It’s okay to treat other customers and treat people he cares about. This guy Ji Lin has almost a hands-on obsessive-compulsive disorder. No one can believe it. For fear that others will mess up his friends' affairs, he always fights himself.Once Xie Miao came to consult with a few very small labor contract issues. Ji Lin was busy with a transnational labor dispute and only slept for more than ten hours a week. Xie Miao asked him to find another reliable lawyer in the office to meet him. However, Ji Lin died and still answered the question in detail.It's such a shaft.

Therefore, Xie Miao was very surprised when Ji Lin called himself yesterday to inform him that another lawyer was involved. He even thought Ji Lin was joking.It’s just that he didn’t expect that he would actually involve another lawyer. If it were a male lawyer, Xie Miao would probably think that Ji Lin could be 100% trusted colleague. However, this is a female lawyer and she is very beautiful, thank you. Miao couldn't help but have some other associations.

"you like her?"

Ji Lin looked calmly and lightly glanced at Xie Miao: "She is very professional."

After he finished speaking, he didn't want to explain any more, and sent Xie Miao away.

But Xie Miao couldn't help laughing.

She is very professional——

That's it.

Because of Jilin’s character, if he doesn’t like it, he will answer “no” on his own, instead of answering the wrong question, trying to explain that she is worthy and reliable and “she is professional”.

The author has something to say: Any message with more than 15 words in this chapter will be sent as a red envelope~ (As of 8 o'clock in the next chapter tomorrow night)

small theater

Xie Miao: Do ​​you like Lawyer Bai?

Ji Lin: She is very professional.

Xie Miao: Attorney Bai, you think it's pretty, too.

Ji Lin: She is willing to work overtime.

Xie Miao (joking and probing): Then I will chase Lawyer Bai?

Ji Lin: No, I like it.