News
Non-competition agreement and new employment relationship
- 20/08/2018
The Court of Udine has declared inadmissable an article 700 c.p.c. request, by means of which a company had requested that a former employee be forced to resign from his new employment relationship due to the violation of a non-competition agreement. According to the Court, there is no obligation to resign.
Furthermore, the inadmissibility was also due to the lack of any risk of prejudice which, in the case of a non-competition agreement, consists in the advantage acquired by the new employer thanks to his new employee, who is depositary of special and exclusive technical and commercial knowledge. In this case, there was no risk of prejudice in that the lawsuit was filed five months after the worker's resignation who had also expressly declared that he had been employed by a competitor.
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