What is a Non-Compete Clause?
A non-compete clause is a provision included in an employment contract. It aims to limit a former employee’s freedom to perform equivalent functions with a competitor or on their own within a specified time frame and geographical area after the termination of their contract.
For a non-compete clause to be valid, it must be compensated. Although the law does not stipulate a fixed amount, the common practice is around 20% of the salary. This clause must respect the employee’s freedom to work by not preventing them from finding employment in their field of expertise.
Who Has the Right to Conduct an Investigation in Case of Non-Compliance with a Non-Compete Clause?
Any employer who doubts the compliance of a former employee with a non-compete clause has the right to conduct an investigation. This investigation should always be carried out in a fair and proportionate manner.
What Are the Possible Interventions of a Detective in a Case of Non-Compliance with a Non-Compete Clause?
A private detective can intervene in several ways. Field investigations involving surveillance and tailing can be set up to make the necessary observations. An administrative investigation can also be conducted if useful (see “How to prove non-compliance with non-competition clauses?“).
Why Hire a Private Detective to Prove Violation of a Non-Compete Clause?
The intervention of a private detective will allow for the collection of evidence of non-compliance with the non-compete clause. This evidence can be directly used in litigation or to justify, for example, a request for an order or the intervention of a bailiff to record evidence before it disappears.
The involvement of a private detective will therefore help put an end to such malicious acts of unfair competition and obtain redress.
How Much Does the Intervention of a Detective Cost for a Non-Compliance with a Non-Compete Clause Case?
The cost will depend on the time spent and the means used to investigate. The rate will be calculated on a case-by-case basis. Since each case is unique, special attention will be given from the initial review of your case. We regularly offer packages for this type of service.
Our quotes are free, so do not hesitate to contact us (see “Rates“).
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