It is lawful to dismiss an employee for sending job-related documents to a personal email account
Legal Digest \ 18.12.2018The court upheld the dismissal of a mother of a minor for disclosing a trade secret.
According to the case files, an employee who is a mother of a minor sent two files from the corporate mail system to her personal email account. The files contained a call base and a conversation script. During an internal investigation, the employee asserted that the files were sent so that she could work from home. The employer, however, was not satisfied with the explanation. Despite the fact that the files were not intercepted and that no financial losses were sustained, the employee was dismissed. The employee applied to the court to have the dismissal held illegal.
The court upheld the employer’s position because, when she was hired, the had employee signed a non-disclosure agreement (NDA) together with her employment agreement. The NDA stipulated that information about clients and negotiation methods was classified as information constituting a trade secret. As a result, the employee failed in her claims for reinstatement to work and to recover her average salary for the forced absence from work.
Please contact Acsour’s specialists regarding any issues of how employment legislation should be applied and how a non-disclosure agreement should be drafted.