Non-Compete Clause | Investigations in Cases of Unfair Competition

In cases of unfair competition, the qualified investigators of the Aaden Corporate Detective Agency Stuttgart are your competent partners for proving this offense and providing court-admissible evidence: +49 711 7153 011-0.

Non-Compete Clauses: Forms and Consequences of Violations

The non-compete obligation in employment relationships is a legal ancillary duty of the existing employment contract and does not require separate written mention in the contract. It is therefore inherently prohibited, during an ongoing employment relationship, to take up secondary employment with a competitor or to become self-employed in the same industry without the explicit consent of the employer. Particularly in the former case, there is a risk of corporate espionage to the detriment of the original employer. If an employee engages in self-employed or employed activity that competes with their primary job, the employer is entitled to terminate the employment without notice, provided there is proof—the Aaden Detectives Stuttgart assist in obtaining such evidence.

Post-contractual non-compete clauses must be included in the employment contract, as they apply beyond the duration of employment. An employee who has acquired knowledge over many years and then provides this knowledge to a new employer in the same industry may cause significant harm to their former employer. The situation becomes even more serious if the employee passes on customer data, construction plans, production processes, or similar sensitive information to a competitor. In addition to injunctive relief, a former employee who violates such contractual obligations may face substantial claims for damages from their previous employer—including reimbursement of the fees incurred by engaging the Aaden Detective Agency Stuttgart (see below “claims for recourse”).

Claims for Recourse Against Proven Offenders

Our detectives at the Aaden Corporate Detective Agency Stuttgart monitor employees suspected of unfair competition and document their misconduct accordingly. As a result, you will receive court-admissible evidence that enables you to demand that your (former) employee cease the harmful behavior. In addition, you may hold the employee—and possibly their new employer—liable for damages. You also have the option of reclaiming the fees incurred through our surveillance from the employee in question, as the necessity of our investigative work arose solely from their breach of contract, making them responsible for these costs.

Our corporate detectives in Stuttgart will be happy to provide you with detailed, no-obligation advice on this matter: info@aaden-detektive-stuttgart.de.