Supporting the procedure of the dismissal of a European corporation’s foreign employee for disclosing a trade secret

One of the company's foreign employees was caught revealing trade secrets. In response to this, the employer decided to dismiss the employee as quickly as possible and obtain from them information about the person who ordered the illegal act and the exact amount of information disclosed. To solve the assigned tasks, the KIAP team was involved.

The dismissal procedure was complicated due to the fact that the employee’s employment contract contained a provision for the payment of significant compensation in the event of its early termination for any reason. However, due to the employee’s illegal actions, the employer was against making the previously agreed payment.

Having analysed all the HR documents available to the employer, including the employer’s business processes related to the protection of trade secrets, KIAP lawyers developed a dismissal strategy and held negotiations with the employee. As a result of such negotiation, the employee provided all the necessary information about the person to whom the trade secret was disclosed, and also signed an agreement to terminate the employment contract without payment of any compensation. The information received from the employee was subsequently used by the client to suppress illegal actions on the part of a competitor.


Konstantin Astafiev, Julia Paushkina