Vol 2 Chapter 54:

"Can't sue? Is there no evidence?"
"Yep."
In a proposal, Bai Duanduan was interested: "What is the situation? Is it to dismiss the employee but there is no evidence of serious violation of discipline?"
Since slowly learning to think about empathy, Bai Duanduan also realized that although business owners are in a dominant position most of the time in labor relations, because the original intention of legislation such as the labor contract law is mostly to protect vulnerable workers, so Sometimes if some workers do not follow the wrong side of the mind, they often put the business owners in a more passive position. It is obvious that the workers have violated the discipline, but because the other party has exploited the legal loopholes, the company can’t expel the other party. Passively beaten. So now I am very curious about Xie Miao's situation.
"It's not a serious violation of discipline, it involves trade secrets and competition restrictions."
The competition restriction clause is generally used to give senior executives or important technical positions. Generally, these two positions are not easy to know the company's operating decisions, trade secrets and market strategies, or they have mastered the professional technology that has a significant impact on the company. Once you leave the company and enter a competitive 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 competition restriction agreement at the time of employment, which is used to restrict the other party from being able to engage in similar business with the company or enter the peer company after leaving the company for a certain period. This certain period cannot exceed two years, and during this period, because the agreement prevents the other party from engaging in similar industries, the original company must pay compensation for the competition restriction.
Generally, for these executives and important technical staff, the monthly compensation for the competition limit will be very high, enough to meet the other party's life. As a game development company, Wenwen Games will surely ask the core members of the game development team to sign this competition restriction agreement, and the current situation is speculated...
"A core member of the development team broke the contract after leaving?"
Ji Lin nodded: "Yes, Yuwen Game was originally preparing to launch a new shooting game in December this year. This employee Tian Mu was originally a core member of this game development team. As a result, Xie Miao found that he liked false reimbursement. He miscalculated the company's money, and often was late and early to leave. It was quite lacking in team spirit. He couldn't bear to renew his labor contract when he expired. Tian Mu also signed a competition restriction agreement. After leaving, he couldn't go according to the principle. I have seen the competition restriction agreement signed by Xie Miao for competing companies. The terms are all legal and valid, and a list of competing companies is also listed. After Tian Mu left, he also regularly paid high compensation for competition restrictions according to the contract. At first, I didn't think there was anything. Tian Mu did stay home after leaving office, and I haven't heard of going to work at another game company, but recently Xie Miao suddenly discovered that the biggest competitor, Mercury Network, is about to launch a shooting class. The game, with its elements, game world view, game plot, and even characters, is almost exactly the same as the one that the game is about to launch in December."
"So Xie Miao suspects that Tian Mu is actually secretly working for Mercury Network?"
Ji Lin looked dignified and nodded: "Yes, but there is no conclusive evidence. On the surface, it is impossible to see that Tian Mu and the Mercury Network are in contact. Because of this, it is impossible to sue Tian Mu for breach of competition restrictions. Agreement, let him make a claim."
This is really difficult to do... Once the other party has made up their minds to avoid the risk of competition restriction agreements, forensics will become quite difficult.
"Xie Miao also visited Tian Mu several times in the middle, and even negotiated with Lu Shuisheng, the person in charge of the Mercury Network, but did not see any problems with these two people. Now Xie Miao is a bit confused. Clear, I suspect that I am more conscious, maybe it is indeed in this game shooting, the idea and design in the master control team have inadvertently crossed. After all, the same idea, it is impossible for only one person in the world to come up with it ."
Ji Lin's lips pursed: "But in any case, there is currently no evidence to prove that Tian Mu violated the competition restrictions, so this cannot be considered a case at all, because there is no way to arbitrate or sue, Xie Miao's compensation for competition restrictions Must also continue to pay Tian Mu."
"But if Tian Mu and Lu Shuisheng really darkened Chen Cang, wouldn't Xie Miao suffocate? Not only did he spend a large amount of competitive compensation to support Tian Mu, but in the end, Tian Mu's eating and drinking in the field was also a game All the trade secrets and settings and information of the new game are secretly sold to Mercury Network?"
"The law is so cruel, whoever advocates and proves without evidence, no matter how miserable you are, it will be zero."
This is cold, but it is true.
"So what is Xie Miao's preparation now? There is no solution?"
"He has something to do today, so we will make an appointment tomorrow and make a connection. System geography will take into account the current situation and see if Tian Mu can make a breakthrough there."
This case sounds a bit interesting, quite challenging, and it is Xie Miao's business again. Bai Duanduan is completely interested. She stares at Ji Lin: "Can I join? Can you divide it, if you are willing to give it to me, I don’t want to get any proportions!"
"If you want to add it, add it."
Ji Lin was like a chastity woman who encountered a gangster. The gangster was expecting him to scream and struggle to have some fun. As a result, Ji Lin not only did not shout, but also solved it on his own without any desire to survive. The clothes are coming...
With such an irresistible attitude, Bai Duanduan was not used to it: "Would you like to stop?"
Ji Lin glanced at Bai Duanduan: "Which time do you want to do what I finally succeeded? Too lazy to control you."
After he finished speaking, he didn't care about Bai Duanduan anymore. He walked toward the bedroom, about to change his clothes. Before he left, he looked back at Bai Duanduan and said, "Remember to throw away the peel when you are about to leave."
Because of the joint raising of a cat, Bai Duanduan has been rubbing rice in Jilin all the year round, and occasionally there is an impromptu overtime after the rubbing, or the case is discussed, resulting in a long time, Bai Duanduan has been comfortable with Ji Lin's family In the mode of getting along with each other, there is a tacit understanding that habits become natural.
Many times, the lifestyle changes are like boiling frogs in warm water, and Bai Duanduan doesn’t feel that there is anything wrong with it. She doesn’t even realize that, subconsciously, Ji Lin has entered her life and occupied her life. And she is the same for Ji Lin.
Bai Duanduan just picked up the peels familiarly, and then shouted "then let me go" towards the bedroom before turning back to his house.

Because of Ji Lin's approval, Bai Duanduan joined the meeting that Xie Miao and Ji Lin agreed on the next day.
Ji Lin expressed his acquiescence in his appearance in the conference room, but Xie Miao showed a surprised look on his face. He looked at the white end and almost subconsciously said: "Do you really want to bring someone to join me? I still I thought it was a joke that you called me last night and said to bring someone together."
Ji Lin pursed her lips and said concisely: "No kidding. This is Bai Duanduan, my colleague."
Xie Miao probably realized that he had just lost his gaze a moment ago, and with a condensed expression, he introduced himself while exchanging business cards with Bai Duanduan.
Time is precious. Each of the three people is very professional. Once seated, no one minute is wasted. Ji Lin made a simple opening remarks and began to sort out the current situation.
Xie Miao roughly explained the cause and effect of the matter, and he sighed: "I know Tian Mu is greedy and cheap, and sometimes his hands and feet are not clean, but because he is the core employee of game development, he is really creative and understands technology. I am still a senior gamer, and I understand what users want. This kind of talent is very rare, so I have always opened my eyes and closed my eyes, but I didn’t expect his appetite to grow bigger and bigger. The order is reimbursed."
Xie Miao's voice brought a little faint anger: "He even has a tendency to become non-compliant even in the cooperation with Party B. He began to imply that the other party gave him points and rebates. In order to take the money, he did not hesitate to outsource some cooperation. I can't bear to give this to Party B who has no basic qualifications. At that time, his labor contract was about to expire, 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, his voice faintly: "I handle it."
That is absolutely flawless.
Xie Miao glanced at Ji Lin: "Yes, it was Ji Lin who helped me deal with it. There was no problem, and all the money should be given. In fact, he knew that according to the evidence in my hand, it was clear that serious violations of discipline could be used. The direct dismissal, even without the financial compensation, will affect his reputation in the industry, but I finally thought that he is a person who masters the key technologies and the company’s business secrets. So in the end, the money is enough, and the face is enough."
"Did he react fiercely not to renew?"
"No, Tian Mu is very calm, and the competition restriction agreement has been confirmed with him again and again. At the beginning, he also said that it was just right, and he was happy, so he was ready to go home to cultivate and accompany his wife."
Bai Duan nodded. She had also dealt with the issue of forensics for dispute resolution before. It was nothing more than a few ideas: "Now we have to do very clearly. First, we need to prove that there is business competition between the Mercury Network and Wen Gaming. Relationship; second, prove that Tian Mu joined the Mercury Network."
Ji Lin nodded: "The first point is a good proof. First of all, in the competition restriction agreement that Tian Mu signed at the beginning, I listed in the annex which companies belong to and have competition with Wen Gaming. In it, the white and black characters are plain and clear."
Bai Duanduan frowned: "Will he restrict the scope of the agreement to the extent of competition and infringe on his right to freely choose employment as a laborer? Did you have many competing companies in this list of attachments? Whether the scope of the competition restriction is too large now involves judges’ discretion, so on this first point, there may not be any risk of proof."
Although Bai Duanduan wanted to participate in the case, the original intention was a bit selfish, but as soon as she entered the discussion stage of the case, she was so calm that she could bury herself in the case.
Ji Linping doesn't like to deal with other lawyers at all, and at most brings a few newcomers and assistant lawyers. Because the newcomers or assistant lawyers make mistakes or are slow, he can still bear it, but he can't bear lawyers and lawyers with certain qualifications. He is always out of state or unable to keep up with his own ideas when working with him. He does not have much patience.
It's just that Bai Duanduan's performance really surprised him. She has a tight mind, a quick mind, and a clear mind. And because most of her previous representations were employees, she can now discuss issues from the employee's defense and find out the weaknesses in the company's litigation strategy, which is unexpectedly very complementary to herself.
The problem she mentioned does exist, but fortunately it will not cause trouble.
"This is indeed dependent on the discretion of the judge, but there have been precedents before, even if the scope of the competition restrictions is too wide, it will not naturally affect the performance of the obligations of competition restrictions. The most important thing is to prove the Mercury network and the news. There is indeed competition in the game."
Ji Lin paused: "As for this point, there is a way to check the business scope of Mercury Network's business license, plus go to the official website of Mercury Network to see their business introduction, and the similar game they are currently listing. 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, and there was a hard look on his face: "The problem is here. Ji Lin also told me that there are only a few ways to prove this. If Tian Mu really joined the Mercury Network, then Let’s start with the five insurances and one payment that Mercury Network paid him and the personal income tax payment voucher. Once there is a payment record, then he is definitely going to work on Mercury Network."
Bai Duanduan smiled: "Yes, at this point our lawyers cannot directly obtain evidence to obtain the payment information of the other company, but they 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 the problem is here." Xie Miao sighed. At this point, I did not hint at Tian Mu. If he didn't admit it, he would spend a lot of energy to obtain evidence in the end. He still couldn't run back to the competition limit compensation and make The end of the compensation, but Tian Mu was very calm in the whole communication process. His attitude was very determined, telling me that he absolutely did not join the Mercury Network, so there is no such payment record, it seems that I am really not afraid to check. "
"What about phone recording? Have you tried this?"
Ji Lin pursed her lips: "Of course I have tried. I disguised as a courier, a partner and other reasonable identities at a certain interval. I called the office of Mercury Network and said that I want to find Tian Mu and I am ready to wait there. Precautionaryly, when you help transfer, notarization with this phone recording can prove that Tian Mu has indeed joined the Mercury network, but the employees who answered the phone directly said that they made a mistake. There was no such colleague Tian Mu, saying that it must be Make a mistake."
"Yes." Xie Miao nodded. "And it was not the same Mercury network employee who answered the phone several times, but they did say that they didn't, and they didn't hear the name Tian Mu. They didn't even hesitate when they answered. It really doesn’t seem to be a lie. I even found several couriers in charge of their company’s business on one occasion and let them pay attention to me when they deliver the courier. These couriers and Mercury Network have long-term cooperation 'S old face, but the answer to me in the end is the same, there is no such person as Tian Mu."
Speaking of this, Xie Miao was also helpless: "In short, I have tried all the methods I can try. I even found someone to squat at the gate of Mercury Networks for a month to see if I can take pictures of Tian. Mu entered the company's photos, but it turned out there was no such thing. Tian Mu did not go. He spent most of his time at home and stayed home. Like what he told me, he played games at home and watched TV shows. He only went out occasionally. There is nothing suspicious about going to the gym."
Bai Duanduan asked a few more questions, and Ji Lin also added a few. The three people sorted out all the current ideas together, including the possibility of other missing evidence, but in the end, they couldn’t find out Tian Mu’s entry into Mercury. Signs of the network.
In this regard, Xie Miao was also embarrassed and embarrassed: "Although Mercury Network and our company's game are very similar, it does not rule out that they independently developed and we collided with our creativity. Perhaps I have overreacted."
Before the new game was launched, the competitors in the same industry happened to be the first to launch the same highly similar game. Who would think more about it, but now it is difficult to find evidence that the departing employee joined the Mercury Network. All doubts are just doubts.
Although it is rare, but as Xie Miao said, it is not that Tian Mu is indeed innocent. Mercury Network just happened to think about it together with Wen Wen in the game design.
There is no evidence, just relying on his own speculation, it is indeed impossible to injustice Tian Mu. Even if his hands and feet were not clean and he had misconduct when he heard the game, he could not assume that the quality of others was bad, which would violate the competition restriction agreement.
Xie Miao naturally knows this, and now such a situation is actually a bit embarrassing.
Ji Lin analyzed the situation for him bluntly: "You have little confidence that you can prove that Tian Mu violated the competition restriction agreement. Of course, you can choose to go to labor arbitration and apply to the arbitral tribunal to help collect evidence together, such as going to Mercury. Internet companies visited for further investigations, etc., but if you think about it, once you embark on the road of arbitration and follow-up prosecution, you and Tian Mu will be torn apart. In case the arbitral tribunal cannot obtain relevant evidence, Then you have completely offended Tian Mu, which will irritate him. He holds the important business secrets and game project information of the game. But don’t you really do nothing about the company, I’m so irritated by you, instead Do something out."
"After all, resorting to the law is an afterthought relief. If it can be avoided, it is of course a better thing."
Xie Miao will not be unaware of the benefits. He nodded: "I know, in 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 ask Tian Mu to come out tomorrow."
"I will directly bring the information of the new game-like game on the Mercury Network, and take it out unexpectedly, take a look at his reaction, and then chat with him according to his reaction, and then rely on my free heart to do it. Judgment, if you still feel too suspicious, it is not too late to go to arbitration."
Since Xie Miao as the party made the decision, Ji Lin and Bai Duanduan naturally expressed their support.
"But I still have trouble both of you to be accompanied by the time." Xie Miao said here, a little bit surprised, "I'm not good at technology, but actually this kind of negotiation is not very good, in case Tian Mu shows his feet really. It’s a violation of the competition restrictions, so I’ll trouble you to help me fix the evidence together.
He smiled.
And I brought two lawyers, which may be more deterrent to Tian Mu. , So he was also a little bit stressed when he lied.
"no problem!"
Bai Duanduan agreed immediately, and Ji Lin nodded.
After a meeting ended, Bai Duanduan suddenly received a call from a client, and Ji Lin sent Xie Miao away.
Xie Miao finished talking about business, and at the moment there were only two of him and Ji Lin in the conference room, and finally he was a little relaxed. He glanced at Ji Lin and couldn't hold back: "You never let others touch me, how come Called that Bai lawyer?"
Although Xie Miao and Ji Lin were busy since they graduated from university, they did not frequently contact or come out to gather, and even often did not say the last sentence in the first half of the year, but Xie Miao knew that although Ji Lin behaved Quite cold, but once he has difficulties, he is a very reliable object to ask for help.
Now that he has 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 may even be a voluntary nature that allows him to help for free, he will not fake others, and will definitely personally do it from start to finish. Help solve. Because he is such a person, he looks hard to get along with, and even often speaks badly, but he is very sincere in his heart, and he will definitely squander his friends.
Fortunately to treat other customers and treat the people he cares about, Ji Lin is almost obsessive about obsessive-compulsive disorder. No one can believe that, fearing that others will mess up his friend's affairs, he is always in person. Once Xie Miao came to consult with a few very small labor contract issues. Ji Lin was busy with a multinational labor dispute. He slept only a dozen hours a week. Xie Miao asked him to find a reliable lawyer in his office to connect with him. But Ji Linsi continued to answer the question in detail. It's just such a person.
Therefore, Xie Miao was very surprised that Ji Lin called herself yesterday to tell another lawyer to participate, and even thought that Ji Lin was joking. I just didn’t expect that he actually got another lawyer involved. If it’s a male lawyer, Xie Miao might think that Ji Lin can trust a colleague who is 100% trusted. However, this is a female lawyer, and she is also very beautiful, Xie Miao couldn't help but think of something else.
"you like her?"
Ji Lin looked at Xie Miao calmly and lightly: "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 is very professional--
I just like it.
Because of Ji Lin's personality, if she doesn't like it, she will answer herself "no" instead of answering the question. She tries to explain that introducing her is very worthwhile and very reliable. "She is very professional."
The author has something to say: all messages with more than 15 words in this chapter will be sent with red envelopes~ (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, do you think it's pretty?
Ji Lin: She is willing to work overtime.
Xie Miao (just kidding): Then I will chase attorney Bai?
Ji Lin: No, I like it.