后用人单位能否成为竞业限制案件的共同被告
Can New Employer Become Co-Defendant in Non-Competition Cases?
原用人单位只能起诉劳动者,而不能同时起诉后用人单位,除非劳动者在后用人单位使用了属于原用人单位的商业秘密。
if an employee violates the agreement of Non-Competition, the former employer can only sue the employee, but cannot bring an action against the new employer, except that the employee uses the business secrets that belong to the former employer. Under this circumstance, the former employer can sue the employee and the new employer on the account of infringing business secrets.
2014.03.27