S
S
SkiBY2016-08-12 13:12:33
Programming
SkiBY, 2016-08-12 13:12:33

Can an employer demand, after dismissal, not to do what he did before hiring?

The situation is this. Before hiring, the employee was engaged in the development of automation systems for small businesses. With the same purpose he was admitted to the staff. After leaving, he continues to do the same.
Can a company restrict an employee's use of technologies in their product that we use or have used?

Answer the question

In order to leave comments, you need to log in

13 answer(s)
M
ManWithBear, 2016-08-12
@ManWithBear

In fact, in some countries (for example, the Czech Republic), it is legally possible to include a clause in the contract on competition at the end of the contract.
It indicates the duration of this clause, and the definition of competition (for example, companies competing with you).
In turn, the employer is obliged during this period to pay at least half of the salary to the employee.

X
xmoonlight, 2016-08-12
@xmoonlight

One answer: Only NDA.
Everything else is complete nonsense:
After dismissal, the employment contract terminates.
Coercion to issue any other papers or blackmail / threats are punishable by law.

T
ThunderCat, 2016-08-12
@ThunderCat

nonsense, even if I signed some kind of contract with such requirements, there is labor legislation, which clearly states that the employer can in no way interfere with my work in my specialty after dismissal. Only codes created within the framework of the company's projects and protected by any type of patent / copyright are subject to non-disclosure. Everything that is in your brain, after the dismissal of the company does not belong. The use of these codes in other projects may give rise to a claim that needs to be proven, that is, to compare the sources and admit that they are identical. Write another code with the same functionality, since any jap allows it)

L
Lander, 2016-08-12
@usdglander

No. Can only restrict the use of code that was developed on the employer's premises. And then, only if it is written in the employment contract. Intellectual property and all that.

M
Maxim Timofeev, 2016-08-12
@webinar

"Don't bite your nails anymore, don't eat sausage, don't sleep with chicks, don't drink beer"
so what?
In fact, it all depends on the employment contract, if there was one. If you signed up that you won't use php after you quit, then you can't. If this is just a whim of the manager, not supported by documents, say what you require from him: "Never again engage in masturbation after your dismissal"

I
iv_k, 2016-08-12
@iv_k

if you divulged trade secrets to competitors in the process of using technology, they can sue. but you must sign the appropriate paper. if they didn’t sign anything, “no, and there’s no trial.”

A
Andrey, 2016-08-12
@Andrey052

The key phrase here is "Former employer", let him sniff pi * yu, this is his lot. The real one cannot forbid, let alone the assholes to rule your life)))). Don't ask such stupid questions anymore.

A
atis //, 2016-08-12
@atis2345

Did the employee sign the contract?
If so, they may require what is indicated in it. Otherwise - ala ulu.

R
Ruslan Ganeev, 2016-08-12
@GaneevRR

It can be demanded if the employment contract stipulates a ban on the use of the company's intellectual property regarding this product and you can still include a lot of different blah, blah, blah here. Including important parts of the code.

C
CityCat4, 2016-08-12
@CityCat4

Hm. Let's say I'm a programmer, I write in C. I write before coming to the office, I write in the office, I write after leaving the office. Can an office stop me from using C after I leave? :)
Here's something like that ...
Theoretically, it can, but under a LOT of conditions - if the technology is developed in an office, patented, protected by a trade secret, a non-disclosure agreement was signed ...
If the technology is someone else's or generally well-known - such as the same language C - then all the right of the employer to prohibit something ends with the termination of the TD.

R
rasswet, 2016-08-12
@rasswet

There was a 1s nickname, he worked somewhere before you, and besides, he freelanced slowly "development of automation systems for small businesses", then he worked for you and you want to prohibit him from doing 1s further? This is absurd.

A
Alexander Mineev, 2016-08-13
@itvsem

Can an employer demand, after dismissal, not to do what he did before hiring?

No
Let's say you, as an employee, ate every day before taking office at this job, after being fired they tell you: you can't eat anymore)))
Nonsense.

E
evgeniy_lm, 2016-08-13
@evgeniy_lm

What does "continues to do the same" mean? What else is there for him to do?
Another thing is the use of those developments that are the property of the former employer. This cannot be done unequivocally, of course, only if the former employer proves that this is his property.

Didn't find what you were looking for?

Ask your question

Ask a Question

731 491 924 answers to any question