A King County Superior Court judge said from the bench this morning that the Ex Microsoft general manager's new job as a senior vice president at Salesforce.com "appears to be a direct violation of his non-compete agreement" with the Redmond company, -- indicating that she believes Microsoft is within its rights under the contract to prevent him from fulfilling the role at Salesforce for the one-year term of the agreement.
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. The judge agreed to extend a temporary restraining order against Miszewski pending a preliminary injunction.
Miszewski has since said in court filings that his role will be limited to the U.S.
In her remarks, the judge said he has been "a bit of a moving target" in terms of his Salesforce role. But even as revised, she said, the job he has accepted appears to violate the non-compete agreement.
"While the U.S. wasn't his primary responsibility, he certainly did have responsibility for strategy with regard to marketing to U.S. customers," the judge said. "Salesforce is very clearly a competitor of Microsoft in terms of cloud-based computing, the next big thing."
Microsot sued Matt Miszewski earlier this month.
Microsoft said, "We're pleased with the Court's ruling."
See the earlier court filing for more background on his case:
The non-compete clause at issue in the case of Matt Miszewski is paragraph 10, on page four in the Microsoft Employment Agreement embedded below: