公司与高管、雇员之间的离职后竞业限制协议,签订容易,官司难打。在竞业限制诉讼中,原告公司证明被告雇员在同业竞争的公司投资或任职,比较容易。但要证明被告不当利用公司商业秘密,却不简单。例如,北京海淀区法院2007年审理的一宗涉及不当利用前雇主客户信息的案件,原告连被告公司的销售发票都搜集到了,但仍然没能形成一个可信的证据链条。原告指控被告(原销售经理)在离职后违反一年内不 After the termination of the company and executives, employees non-competition agreement, signed easily, the lawsuit hard to beat. In non-compete proceedings, it is easier for the plaintiff companies to prove that the defendant’s employees were investing or serving in companies competing in the same industry. However, it is not easy to prove that the defendant misused the company’s trade secrets. For example, in a case heard by Beijing’s Haidian District Court in 2007 involving the improper use of former employer’s customer information, the sales invoices of the plaintiff and the defendant company were collected but still failed to form a credible chain of evidence. The plaintiff accused the defendant (the former sales manager) of violating one year after leaving the company