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Frumer v. Radguard

Labor Appeal 164/99, 34 PDL 294 (1999)

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Frumer v. Radguard

Israel Labor Court
Labor Appeal 164/99, 34 PDL 294 (1999)

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Facts

Dan Frumer (defendant) was a software engineer with expertise in data security. Radguard, Ltd. (plaintiff) hired Frumer to work for the company, and upon hiring, Frumer signed a covenant not to compete with Radguard for 22 months following termination of his employment. During his tenure at Radguard, Frumer continued to develop his expertise in data security, including VPNs, and he also gained experience in managing staff in a technological enterprise. Frumer also learned Radguard’s trade secrets. A conflict arose when an officer of Radguard wanted to transfer Frumer to another position within the company. Frumer left the company and then sought other employment. Frumer eventually went to work for Checkpoint (defendant), a competitor of Radguard. Although Frumer used his expertise in data security and management in his new position at Checkpoint, he did not reveal any of Radguard’s trade secrets. Radguard filed an action seeking to enjoin Frumer from working for Checkpoint in violation of the covenant not to compete. The lower labor court granted a temporary injunction, and Frumer and Checkpoint appealed.

Rule of Law

Issue

Holding and Reasoning (Adler, C.J.)

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