Violation of Non-Compete Clauses

Whether unauthorised secondary employment with a competitor, a direct move to a market rival, or self-employed competitive activity – the risk of company secrets being disclosed is always present when a non-compete clause is breached. The experienced corporate investigators of Kurtz Investigations Saarbrücken and Saarland provide legally admissible proof of such violations: +49 681 6029 0010.

Non-Compete Clauses – Often “Overlooked” by Employees

Two types of non-compete clauses must be distinguished: those that apply during an employment relationship and those that take effect after the employee has left the company. During an ongoing employment contract, it goes without saying that one must not work for a competing company; therefore, this does not require explicit mention in the employment contract. After leaving the company, the post-contractual non-compete clause applies, which prohibits employees from working for a competing company or becoming self-employed in the same sector for a defined period – up to a maximum of two years. This clause must be included in the employment contract; however, in such cases the employee is entitled to insist on a monthly compensation payment.

 

Not infrequently, employees who pursue a secondary occupation, or those applying to a new employer, forget this clause – less out of malice than because, due to their many years of experience, they are more likely to find work within the same industry. Such carelessness can often be remedied with a simple reminder or a formal warning. The situation is different, however, in cases of a deliberate breach of the non-compete clause. Here, there is an intent to defraud, which the perpetrator will seek to conceal and will, of course, not admit voluntarily. Consequently, the affected (former) employer requires evidence. This is where our IHK-certified detectives in Saarbrücken and Saarland are at your disposal, conducting professional personal surveillance with the utmost discretion: kontakt@kurtz-detektei-saarbruecken.de.

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Employees who operate on two tracks and secretly receive wages or salary from a competitor alongside their main employment often turn out to be corporate spies from within the organisation.

Detectives Prove Employment with a Competitor

Whether the issue concerns a breach of a contractual or a post-contractual non-compete clause, taking up employment with a competing company puts the welfare of your own business at risk. Consciously or unconsciously, your (former) employee contributes their know-how to the competitor, may disclose internal company information of the former employer, and perhaps pass on customer data, names and terms of suppliers, or the contents of offers made to prospective clients. Before this happens, contact our competent investigators at Kurtz Corporate Investigations Saarbrücken and Saarland. We determine whether your (former) employee is working for a competitor, observe them where necessary, and provide you with legally admissible evidence. Discretion is, of course, our highest priority: +49 681 6029 0010.