Employer Reimbursement for Salary Paid During Release Period Subject to Offset and Ten-Year Prescription

An employer sued a former employee for reimbursement of salary paid during an immediate release period after termination, where the employee immediately started new employment. The court ruled that a released employee must offset wages earned elsewhere against the salary paid by the former employer unless otherwise agreed, and found no clear waiver of this right by the claimant, thus establishing the right to reimbursement of the new salary earned. Crucially, the court determined that the employer's claim for reimbursement based on the obligation to offset earnings under employment law (analogous to Art. 324 or 337c OR) arises directly from the employment contract, classifying it as a contractual claim subject to the ten-year prescription period under Art. 127 OR, not the shorter period for unjust enrichment, and therefore found the claim timely.