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This article was published on February 23, 2011

Judge: Ex-Microsoft employee can’t work for Salesforce


Judge: Ex-Microsoft employee can’t work for Salesforce

TNW Quick Hit:

Following a firestorm of lawsuits, shouted accusations, and other general clamor, a judge has laid down the gavel and stated that ex-Microsoft employee Matt Miszewski can’t take the job he was hired for at Salesforce.

Why not? Because it is in “direct violation of his non-compete agreement” that he signed with Microsoft. Contracts are as contracts do, as they say.

If you recall, Microsoft accused Miszewski of stealing a large cache of files on his exit from the company, files that it does not want Salesforce to see. From our previous coverage:

“The 25,000 pages of information that Microsoft is furious about could impact the company directly, as it and Salesforce are bitter competitors. They have sparred over legal matters in the past.

According to Microsoft,  Miszewski is causing “actual and substantial injury” to the company by working for Salesforce. A state court blocked Miszewski from working at Salesforce with a temporary order, something that Microsoft obviously wishes to extend, permanently.”

Of course, Microsoft has now won a longer ban on Miszewski’s Salesforce position. Interestingly enough, even that might not keep him from the SaaS company forever. According to TechFlash:

However, that doesn’t necessarily prevent the executive, Matt Miszewski, from finding another job inside Salesforce that doesn’t put him in competition with his former Microsoft role, said the judge, Kimberly Prochnau, after hearing arguments from lawyers for Miszewski and Microsoft.

Currently Miszewski is banned under a longer temporary restriction. The legal fight over this one man is not yet over.

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