Non-competition research clause

Investigation of violation of one non-competition clause

Even after years of pleasant cooperation, the dissolution of a labor contract can cause problems for your company when certain matters are not properly arranged. Many of these problems can be intercepted by drawing up a non-competition clause.

A non-competition clause In an employment contract, the employee prohibits the employee from performing competitive activities during and for a certain period after the end of the employment contract, for example by entering the employment of a competitor or independently providing similar services in a specific region.

What can it violation of the non-competition clause mean to me?

When an employee switches to a competitor or, for example, starts their own company in the same industry, this could cost your company sales. If they also approach your customers / business relations, you also run the risk that they will move with your former employee. That is why many companies have included a non-competition clause in their employment contract. Often this also includes a relationship clause. By including the following points in a non-competition clause, you prevent the risk of loss of turnover at the hands of a former employee:

  • Clearly describe the activities that the employee is not allowed to perform after termination of the employment contract
  • State the period during which the employee is not allowed to perform the work. Make sure this period is in proportion; too long a period will certainly be rejected by the judge when it comes to a lawsuit
  • The geographic restriction imposed on the employee to perform his duties. Proportionality must also be taken into account here. A worldwide ban will always be rejected by the judge.

A penalty clause can also be included in the non-competition clause. But beware: if the non-competition clause is violated, the employer cannot claim both the fine and the actual damage! The Subdistrict Court of Amsterdam has ruled that an employer may include in the clause that he will claim damage, insofar as this damage exceeds the fine.

I suspect my ex-employee has it a non-competition clause

If it is suspected that an ex-employee has violated the non-competition clause, you will want to take steps as an entrepreneur. This can be against the ex-employee, but also against the competing company. Of course, it must be proven that the competition and / or relationship clause has been violated.

Sometimes this is simple, for example because of a tip from a relation or employee, or because the employee is not aware of the violation.

When the ex-employee deliberately violates the competition and / or relationship clause, it is often more complex to demonstrate the violation. This is because the ex-employee will often act more thoughtfully. Strongwood researchers are very discreet about a non-competition research start and see how the fork is in the stem. The result is a clear research report with sufficient evidence.

How does such a non-competition clause look research get out?

Strongwood has extensive experience in investigating competition and relationship clauses. With the help of observations, interviews, desk research and forensic ICT investigations, our specialists quickly and discreetly uncover the facts.

First of all, we start with the (digital) collection of information. After this phase, the information gathered will be analyzed and assessed. If a violation is found, a confronting conversation can be held with the ex-employee. Of course, this never happens without consultation with the client.

You will then receive a report of the investigation and the evidence collected. This allows legal action to be taken against the ex-employee and possibly the competing company. Of course, Strongwood's specialists will assist you in the entire process.

Can you do something help use?

Do you suspect that you have been a victim of a non-competition clause? Feel free to contact us. Our team is available seven days a week to advise and draw up a thorough action plan so that you can also be helped quickly and discreetly.

Help or advice required?

Call us at: 020-3690030