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Non-competition clause

The non-competition clause allows a company to prohibit a former employee from the exercise of a similar activity which could be prejudicial to him.

To be effective, the non-competition clause must respect certain rules :

Be included in the employment contract.
Be limited in time and space.
To be paid.
Be essential to protect the company.

Non-compliance with a non-competition clause by an employee results in penalties for the latter :

The restitution of the sums collected.
The payment of damages to the employer.
The judge can force the offending employee to quit his job by judicial decision.

However, according to several case law, it is up to the employer to prove this. There is therefore a legitimate interest for the employer who suffers a loss to use a private detective agency.

All the Agencies and Private Investigators of the Prometheus Group specialize in finding evidence in relation to non-competition clauses.

The elements collected are obtained with the greatest respect for the laws and regulations in force. They are recorded in a detailed and detailed investigation report, which can be produced before the competent courts.

Détective privé - Non respect de la clause de non concurrence

What is a non-compete clause ?

The non-competition clause is “a clause in the employment contract. It aims to limit an employee’s freedom to perform equivalent functions at a competitor or on his own account after the breach of his contract. To be valid, the clause must meet certain criteria“.

What are the principles of the non-competition clause ?

Failure to comply with the non-competition clause is the result of numerous cases. This clause opposes freedom of work and entrepreneurship.

However, mentioned in the employment contract, and subject to several principles, the non-competition clause is applicable if it is indipensible to the protection of the interests of your company.

The clause must:

Be limited in time and time space (perimeter and duration)
Depending on the position, do not affect the ability to return to work
Be reasonably paid not to result in nullity

If all these criteria are met, you can call on the service of a private investigator.

Why call on the service of a private investigator from the Prometheus Group ?

The private investigator of the Prometheus Group will make available to you all the necessary investigative techniques to prove a non-compliance with the non-competition clause.

First, to obtain proof of a non-compete clause, it is necessary to ensure that:

The former employee is working in a professional occupation
If so, identify the employer and the position.
If it is self-employed, check the statutes.

In a second phase, the private investigator of the Prometheus Group will organize a surveillance and spinning for:

Determine where to do business. The question is whether it is within the perimeter.
Check if your former employee doesn’t visit your clients

In a third phase, the private investigator will prepare a precise and detailed investigation report in order to obtain an Order on Request (Ordinnace 145).

The appointment

The strategy

The mission

The report

The appointment is made by a licensed private investigator of the Prometheus Group:

On videoconferencing
By phone
In the premises of the Prometheus Group
In a place of circumstance

This appointment is neither paid nor time-limited.

The private investigator will take the time necessary to listen to you in order to gather all the information necessary to put in place a strategy tailored to your needs.

The strategy will be offered to you based on the information received,the type of mission and the location where it should be carried out.

However, the strategy will be:

Adapted to the mission
Budgeted according to your needs and possibilities
No final extra cost (unless you expressly request to continue the mission)

This strategy will be offered to you via a mission mandate containing different otpions.

Once the proposed warrant has been duly signed, the private investigator assigned to your investigation will work with you to:

A mission schedule (modified according to events)
A location tracking (without you)

Then the mission will be carried out in accordance with the laws in force. During the mission, the private investigator responsible for carrying out the mission will keep you informed of the progress of the mission.

An investigation report will be provided at the end of the mission.

That will be:

Objective (findings of what the detective sees)
Detailed and detailed
Productable before the competent courts if necessary