The employer's claim for injunctive relief due to soliciting behavior

May 13, 2022

The Gera Labor Court (judgment of March 08.03.2022, 3, Ref: 2 Ga 22/XNUMX) has rejected a company's interim injunction against a former managing director. In particular, the soliciting behavior does not constitute a claim to disposal Section 6 Paragraph 1 GeschGehG given.

1. THE FACT

The applicant company (personnel service provider) sought an interim injunction to stop a former managing director from engaging in soliciting behavior. Before leaving the plaintiff company, the managing director had already founded a new company together with the authorized representative. This competes directly with the plaintiff. Subsequently, numerous employees and temporary workers resigned. They all worked for the newly founded competing company.

With its interim injunction, the plaintiff company is seeking a halt to this soliciting behavior - in particular using data that the former managing director acquired in connection with his previous employment relationship.

The Gera labor court dismissed the lawsuit. The plaintiff company has lodged an appeal against this.

2. THE DECISION

The labor court did not see any entitlement to an injunction Section 6 Paragraph 1 GeschGehG as given. According to this, the owner of a trade secret can sue the infringer for injunctive relief in the event of a threatened violation of the law or in the event of a repeat violation of the law.

According to the labor court, there was no evidence of a violation of the law. The collected address and telephone data are to be viewed as business secrets. However, there was no suggestion that the collected data would be used (either alone or jointly). In any case, use does not follow from the numerous terminations alone. Furthermore, it was also not substantiated that the former managing director had any influence on the active employees and/or the temporary workers.

3. CONCLUSION

It is a vexing issue for many companies. Unfortunately, labor law instruments generally do not help in these situations. You can take the route of an injunction to cease and desist if the level of suffering is very high. Then the appointed specialist lawyer for labor law should be able to make sufficient presentations. In serious cases, a criminal complaint to the public prosecutor's office is also conceivable if one can prove that individual criminal offenses have been committed according to the GeschGehG. Experience has shown that this must be initiated solidly - that is, comprehensively prepared and intensively supported.