Penza citizen fired after trade secrets disclosure loses lawsuit for regaining job
Penza, 26 November 2015. PenzaNews. The Penza regional court has dismissed the lawsuit of a Penza marketing consultant, who lost his job, to refund money lost due to forced unemployment and gain compensation for moral damages.
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“According to his explanation in the lawsuit, he worked in a company since 2005, and was fired in 2015 for disclosure of secrets guarded by state law: after a vacation, he had a lot of work piled up, and so he sent some of the work documents from his corporate mail account to his personal e-mailbox. When he came back to the job, he was informed that the company discovered the fact, accused him of attempting to sell the information abroad, and fired the man,” Natalya Bychenkova, press secretary of the Penza regional court, informed PenzaNews agency.
The man in question deemed this incident illegal and rebuked the accusations of transfer of confidential information to third parties, she explained.
“Complainant’s former employer declined to comply with the case, and said the company had the grounds to lay off the man as per the job agreement, as the then employee has copied and sent information that constitutes trade secrets to the latter’s personal mailbox without the former party’s consent. After hearing out the sides, the court has declined the complainant’s case,” Natalya Bychenkova clarified.
Even a slight opportunity for the third parties to gain access to the trade secrets is enough to constitute an act of their disclosure from a legal point of view, regardless of whether it has been done or not, she elaborated.
“Moreover, the complainant has signed a non-disclosure agreement in 2007,” she pointed out.
Any confidential information in one’s personal mailbox potentially can be accessed by a third party through hacking or improper access by persons not cleared for the data, Natalya Bychenkova added.
“The complainant has appealed the verdict, albeit unsuccessfully,” she noted.