In September last year, Yu Wei was described as a “Microsoft Legend” for his article “Microsoft’s Youngest Partner,” but his status as a partner has also attracted a lot of questions. Microsoft later issued an official statement saying the report was grossly false, that Yu Wei had never served as a so-called “Microsoft executive” and had even been fired for ethical integrity issues. It’s official, the deadliest.
According to Sky Eye, a civil judgment in a labor dispute between Microsoft China and Yu Wei was announced recently. The Haidian District People’s Court ruled that Yu Wei was sentenced to return to Microsoft China a one-year competitive restriction economic compensation of 757378.08 yuan and 1.2 million yuan in damages for breach of contract.
The judgment indicated that the court hearing of the case was scheduled for 11 September 2019 and that the civil judgement was held on 17 January this year.
That said, almost last year, Microsoft officially hit the face of Wei, the lawsuit against Wei in violation of the competition agreement is also in sync.
Yu Wei was found guilty of breaching the competition agreement
Return of competition restricted financial compensation 757,000
Payment of $1.2 million in breach of contract
In the judgment, Microsoft said Yu Wei joined the company on January 12, 2011, working in a technical position. Prior to his departure, Yu Wei was a partner and engineering manager at Microsoft’s Asia Search Technology Center, where he was responsible for the application and research and development of artificial intelligence in the field of customer service.
On March 9, 2018, the two sides were dissolved in their labor relations. The company and Yu Wei have a competition restriction agreement, the competition limit period of 1 year, after Wei’s departure there is competition restrictions default.
The performance is as follows: Yu Wei’s indirect shareholding in the “Rui Enterprise” series company, in the “Ruan” series company, the two companies and our company in the field of artificial intelligence competition.
Accordingly, Microsoft China filed a lawsuit request for a judgment in Wei: 1, pay the competition limit default payment of 3129932.52 yuan;
According to the judgment, Microsoft China and Yu Wei had previously had arbitration on the matter, the arbitration on the grounds that Microsoft China failed to prove the existence of labor relations between Yu Wei and the “Rui Enterprise” series company, failed to prove that Yu Wei for the “Rui Enterprise” series company provided funds, technology or management, ruling yu Wei continued to fulfill the obligations of competition restrictions, rejected the rest of Microsoft China’s arbitration application.
Microsoft China did not accept the arbitration result seeking the suit again.
In response to the lawsuit, Yu Argued that he agreed with the arbitration award and disagreed with Microsoft China’s claim, saying there was no competition to limit the breach.
Microsoft China provided additional evidence to the court to prove yu Wei’s breach of the competition agreement.
The Haidian District People’s Court held that, according to the provisions of Articles 23 and 24 of the Labor Contract Law of the People’s Republic of China, the employer has the right to negotiate with workers with the obligation to keep confidential to agree on competition restrictions. Therefore, the two sides in this case disputed competition restrictions, from the following aspects to consider.
First of all, is Yu Wei a competition to restrict the suitability of the subject?
Comprehensive evidence in the case and Yu Wei statement, Yu Wei in the current employment of Microsoft Asia Search Technology Center partner, engineering manager position, engaged in artificial intelligence research and development work, the job level and job is determined in Wei understand, master and contact with related project planning, customer needs, team staffing and technical information and other information. According to this, Yu Wei really belongs to the competition restriction segregated subject.
Second, is the agreement between the two parties on competition restrictions legal?
Microsoft China and Yu Wei agreement has a one-year after-service competition restrictions, the two sides between the competition restrictions agreed geographical scope of China, the relevant agreement does not violate the law, is a valid agreement. In addition, Microsoft China has paid the competition restrictions economic compensation, so Yu Wei should perform the competition restrictions in good faith obligations.
Further, has Yu Wei violated the obligation of restricting competition?
Yu Wei said that after leaving his job to take care of his mother, to advise the local government, said that it has nothing to do with the “Rui enterprise”, “RuAn” series of companies, but combined with the evidence in the case, the court needs to point out that: in the case of job advertisements, WeChat public articles and other evidence has proved that the “Rui enterprise”, “Ruan” series of companies’ business categories point to smart cities, ping-bian communities, artificial intelligence, blockchain and so on. Combined with the relevant evidence in the case, we can see:
First, Beijing Rui enterprise information technology limited enterprise company and “Rizhao Ruian Information Technology Co., Ltd. have an investment relationship, is an affiliated enterprises. Notarized recordings can be proved that Yu Wei is employed in the “Rizhao Rui’an Information Technology Co., Ltd.” company.
Second, “Rui enterprise”, “Rui An” series of companies were established in 2017, 2018. Although Yu Wei called “Rui enterprise”, “Rui An” series company for the mother Liu a 1 investment set up, but it also said in court that parents originally engaged in traditional manufacturing, nearly two or three years of mother’s poor health (suffering from a variety of diseases can hardly speak). As Yu Wei said that his mother’s health situation is true, then his mother in a serious illness “almost unable to speak”, do not understand the field of artificial intelligence, unknown will be in Wei and Yu Wei’s friend Yan a co-investment in the establishment of a number of companies, obviously lack of rationality.
Third, Yu Wei-ting recognized that the partners of The Company and the “Beijing Rui Enterprise Technology Partnership (Limited Partnership)” are all colleagues of Microsoft China who are engaged in research and development. Although Yu Wei said that it was not clear how many people were entering the workforce, there was a clear lack of rationality in the research and development work of many of Yu Wei’s colleagues who concentrated on the research and development work of the enterprise in which Mr. Wei’s mother was a partner.
Therefore, in the light of the above points, the court held that the evidence presented by Microsoft China has been able to effectively prove that Yu Wei really invested in and served in a competitive enterprise, and that Yu Wei has competition to limit the breach of contract.
Microsoft China failed to prove the actual economic loss, so combined with Wei’s salary situation during his tenure, competition restrictioncompensation standards, etc., the court to reduce the breach of contract.
The final judgment was awarded to Wei in returning the competition to limit the economic compensation of 757378.08 yuan, to pay the competition in default of 1.2 million yuan.
Looking back at Yu Wei’s words and deeds, external packaging of bright resume, and how many true and false. In fact, it’s not uncommon to exaggerate your resume in the workplace, but it’s rare for a former owner to come forward and face it.
Microsoft’s youngest partner with $2.5 billion?
“Partner” is just grade, there is a translation problem
In last year’s book, “Microsoft’s Youngest Partner, which made $2.5 billion,” Yu Wei was cast as a “legendary executive” and the descriptions of “Ten Years as a Partner” and “Helping Bing Ads Come Back to life” are amazing.
This article tells Yu Wei’s story in the form of characters and interviews. The article begins with an emphasis on Yu Wei, who graduated from the Computer Science Department of the University of China, holds a master’s degree in computer science from the University of Washington, and ph.D. in the Department of Electronics and Computer Engineering at the University of Maryland, is a world-renowned artificial intelligence expert, has served as vice president of Microsoft (Asia) Internet Engineering Institute, and is a global partner of Microsoft, and is one of Microsoft’s fastest-promoted employees.
The full text describes Wei’s career achievements as “divine”, pointing out that after entering Microsoft, he focused on handwriting recognition projects, and in just three months to improve the correct handwriting recognition rate from 75% to 98%. This won Bill Gates’s praise and Microsoft’s “Venus Award”.
In 2009, after the release of Windows 7, Yu Wei joined the Bing team, responsible for Bing’s product search and sorting algorithms, and in the second half of 2011, it joined the Bing advertising team. The article points out that Bing was in a state of loss between 2005 and 2011, with losses of even $2.5 billion in 2011.
After Yu Wei joined, by using artificial intelligence technology, to solve the problem of matching user search intentions with advertising. By 2015, Bing Advertising was making its first profit. It took him less than two years to find a solution, according to Yu Wei in the interview.
Due to his outstanding work, Yu Wei became a global partner of Microsoft In 2016.
The above content is in fact the media report of the “dry goods” part, the remaining content is mostly propaganda in Wei’s “chicken soup”-style content.
But Microsoft, for its part, said that on the one hand, Yu Wei was not a so-called “Microsoft executive” at all, and on the other hand, the actions described in the article were not true.
And in last year’s three-word financial “pickpocketing by Microsoft’s face of the “legendary executive”: suspected coin-issuing project platform, partners are translation errors” in the article, the analysis found that the so-called “partner” is in fact only grade, there is translation problems, not the traditional sense of the partner.
The Three Words Financial Survey found that as early as 2017, Yu Wei was promoted under the title of “Microsoft Global Partner”.
In 2017, there will be several news articles about AI, using the title of Microsoft Global Partners.
In early 2018, media reports that Mr. Wei’s title was the vice president of Microsoft’s Internet Engineering Academy, but at the time the media did not report the reasons for his departure.
In the LinkedIn, Sanyan Finance discovered Yu Wei’s personal file. Based on his public work history in LinkedIn, Yu Wei joined Microsoft’s Windows department in August 2006 as senior software design engineer for The Development of Handwritten Recognition Technology for East Asian Languages (Chinese, Japanese and Korean) for Windows 7 and Phone 7.5; Manager, i.e. partner engineering manager. Lead a team of engineers and machine learning scientists in developing AI products.
According to the information provided on the LinkedIn, Yu Wei is indeed not an executive, as stated in the Microsoft statement. Not only that, but the authenticity of its title as vice president of the Microsoft (Asia) Internet Engineering Academy is also in doubt.
For example, Yu Wei about the “deputy president” title, on the Internet there is a phenomenon of disunity. Its Baidu encyclopedia introduction, there are before and after the two different “deputy president” titles. The “Person Introduction” column in Encyclopedia describes Yu Wei as “the former vice president of Microsoft Asia-Pacific Research and Development Group Engineering Institute”, but the character describes him as “the former vice president of Microsoft (Asia) Internet Engineering Institute”.
In fact, there is no “Microsoft Asia-Pacific Research and Development Group Engineering Institute” as an institution, “Microsoft Asia-Pacific Research and Development Group” under a number of research institutions, including Microsoft Asia Research Institute, Microsoft Asia Engineering Institute and Microsoft (Asia) Internet Engineering Institute and other institutions.
The concept of Yu Wei’s other title, Microsoft Global Partners, is all the more strange. If it is generally understood that the concept of “partner” should be to participate in Microsoft investments by means of capital or technology, and become partners.
Some netizens explained that the so-called Microsoft Partner is actually a translation problem. That is, the concept of “Partner” in English, this is not the traditional sense of the “partner” concept, is actually the grade difference of Microsoft.
According to the online circulation of Microsoft employees, Microsoft level determines the salary and bonus range, the higher the level of income, the greater the responsibility. Levels are roughly in numerical form, ranging from 59 to 80, with the main secretaries and general employees under 59. The position name with “Partner” is level 68, which is in the middle position, lower than VP, not in the category of executives.
Based on the LinkedIn information, Yu Wei’s Partner Eingering Manager (PEM) title is not actually a high-level position, and translates to mean “partner” and is significantly different from “partner” in the traditional sense. So the “PEM” job is actually around Microsoft’s partner ecology, supporting the development of the department.
As far as Yu Wei’s true identity is it, Microsoft gave an official definition in its judgment: the position of partner and engineering manager of Microsoft’s Asia Search Technology Center.
It seems that Microsoft is also really intolerable to “boast”, will write in the statement this sentence “fear of using Microsoft’s technology research and development reputation for improper endorsement, misleading the public.”