Viral On Social Media Former FOOM Employee Sued Rp800 Million, Here's The Chronology

South Jakarta District Court (@pn_Jaksel)

JAKARTA Sulfa Sopiani, a former employee at an electric cigarette company, was sued by PT Foom Lab Global for alleged violation of the non-competition agreement (non-competition clause). Sulfa was sued for Rp800 million by Foom Lab Global, and the South Jakarta District Court (Jaksel) granted the lawsuit.

Kabar Sulfa ditugat Rp800 juta ramai di media sosial. Sebagai klarifikasi atas narasi yang berkembang, maka kuasa hukum Foom, Noverizky Tri Putra Pasaribu dari AM Oktarina Counsellors At Law mengungkapkan rangkaian kronologisnya.

According to Noverizky, the former employee submitted his resignation on December 4, 2023 on the grounds that he wanted to rest and focus on the family without going through one month notice as of December 7, 2023.

However, after an internal smoothing was carried out, PT Foom Lab Global found that a former employee joined a competing company engaged in the same month in December 2023.

"This fact denies the confession that he resigned because he did not get his rights," explained Noverizky through a written message in Jakarta Tuesday (17/12/2024)

On the one hand, Noverizky also ensured that the information that said Sulfa was paid Rp. 5 million while working at FOOM was not true.

"Based on existing data, the former employee has a salary that is not as reported in the media at this time," he added

Alleged Violations

Noverizky said the former employee was sued at the South Jakarta District Court after previously being suspected of violating the NDA Agreement (Non-Disclosure Agreement).

"Based on the Non-Disclosure Agreement signed on July 4, 2023, the former employee was proven to have committed a violation," said Nove.

According to Nove, the violation is using PT Foom Lab Global customer data without permission and continues to ask for data from active employees of PT Foom Lab Global.

Then, the former employee is also said to offer a competitor product to PT Foom Lab Global customers.

"It should be noted that the action involved the simultaneous transfer of a number of former employees from the sales department to a competitor company. This shows that there is structured planning aimed at bringing PT Foom Lab Global's ideas, customer data, and business (tradual secrets) strategy to competitors," explained Noverizky.

This action, according to him, violates the principles of professionalism and business ethics which are the basis for employment, namely Article 1238 of the Civil Code concerning unlawful acts related to default or breach of promise to an agreement that was previously agreed upon.

Then Article 1243 of the Civil Code regarding unlawful acts related to default or break promises for an agreement that had previously been agreed to be linked to a certain period of time.

"These facts have been revealed and proven in the trial at the South Jakarta District Court." he concluded.

Try clarifying

Before taking legal action, PT Foom Lab Global through AMO has taken a number of steps such as calling employees to provide clarification, but the person concerned was not present and denied joining the competitor.

"We have also provided an opportunity for an internal settlement, but the person concerned still denies signing the NDA and provides information that he does not work in a competitor," he said.

However, strangely, the attorney appointed by the former employee concerned is also a lawyer from a competitor, from here it can be concluded that he does work as a competitor.

"In an official meeting, there was no denial that the former employee did work for a competing company. Based on this fact, PT Foom Lab Global through AMO took legal steps in accordance with applicable regulations," explained Noverizky.

In the ongoing legal process, the South Jakarta District Court has decided that former employees are found guilty of violating the NDA agreement, with legal consequences in the form of an obligation to pay compensation of Rp800 million, and competitors are also required to submit and comply with the decision.

"We respect this decision as a form of protection for the rights and interests of PT Foom Lab Global," said Noverizky

The public is asked to be smart in responding to information

Noverizky said, the FOOM actually did not want to take this issue to the public sphere. However, his party also does not want to remain silent when information that develops on social media tends to be formulated by certain parties with narratives that are far from true facts.

"We invite all parties to look at this issue objectively based on the legal facts that have been proven in court, and wisely and prioritize the principle of legal certainty and respect for the agreement agreement as mandated in Articles 1320 and 1338 of the Civil Code."

Noverizky also invited the public not to be provoked by inaccurate or provocative information

"We emphasize that the NDA agreement is a common practice in the business world, aimed at protecting trade secrets, customer data, and the company's strategy of abusing irresponsible parties." Obviously Noverizky.