There are many articles about non-competition, the authors explain what it is, when it applies, whether it is legal, as well as other aspects of this clause. It is also known that the action of employees in favour of competitors is very damaging to companies, bringing great losses not only in terms of material but also in terms of staff morale. Although we will not focus on these aspects, I would like to show how the support of an investigator can help to document a breach of the ban.
When a consulting company approached us with a problem of a breach of a non-compete clause by its former employees, we proceeded after an initial consultation.
Analysis of the non-compete clause
Our first step was to conduct a thorough analysis of the legal documents, including the non-compete clause and the agreement between the companies. During the analysis, we established that the non-compete clause was clearly drafted, setting out the scope of the client’s non-compete to hire consulting employees and the sanctions for breaching it. After reviewing the documentation, we proceeded to establish a strategy for action.
Monitoring and evidence gathering by the investigator
Our activities began with monitoring the activities of former employees. We organised a team of detectives who discreetly followed their daily activities on the premises of the company for which they had previously provided consulting services. We collected information on their presence, the way they performed their duties and any activities that might indicate a breach of the clause.
Our activities included not only field observations, but also the collection of evidence. We took photographs to confirm the presence of former employees on the company’s premises, took detailed notes and prepared a report describing all the activities observed.
Negotiation and dispute resolution
Once we had solid evidence of a breach of the clause, we entered into negotiations with the owner of the company suspected of breaching the non-compete. Our aim was to reach an agreement without having to engage in a lengthy court process. Thanks to the presence of clear evidence and the professional approach of our team, the negotiations went smoothly.
Summary – detective support
This resulted in a settlement in which the owner of the offending company agreed to pay compensation in accordance with the terms of the agreement. The entire process, from the analysis of the legal documentation to the conclusion of the negotiations, was conducted carefully and in accordance with the applicable laws.
This case study demonstrates how a comprehensive and professional approach to documenting and resolving legal issues can produce positive results for the parties involved. Working with our team allowed the consulting company to successfully protect its interests and avoid potential damages related to non-compete violations by former employees.
Author: Investigator Verificators
*For the respect and safety of our clients, all sensitive data has been anonymised for publication purposes.
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