Ex-employee with non-compete clause

Context:

A company in the industrial cleaning sector mandated us to obtain evidence on the current situation of its former employee who had left his post after having resigned. Numerous clues led the employer to think that the former employee was now working for a competing company within the same sector even though this employee had already received the relevant compensation regarding a non-compete clause.

Assignment:

Our private detective agency first carried out an administrative investigation to uncover the former employee’s new employment.

The next step was for our detective to focus on means of surveillance and tailing during working hours to follow the former employee and determine the customers that he visited.

Results :

We were able to observe that the employee of the company went repeatedly and almost systematically to former customers, not only within the previous geographical area but in neighbouring regions also.

We were also able to determine that the latter was using stationary with our client’s header.

In consultation with our client, UXAM organized the intervention of a bailiff and an IT expert to the competing company to carry out:

  • A study of the ex-employee’s work
  • A seizure of computer equipment and documents in the possession of the former employee.

Our client, on the advice of their lawyer, filed a lawsuit and, at the same time, proceeded to dismiss the employee for “gross” misconduct.

The UXAM plus:

This rapid administrative investigation enabled our client to quickly initiate proceedings for unfair competition. Furthermore, we were able to put our client in contact with a lawyer specializing in this type of case and so significantly increase the chances of success.

Finally, the procedure made it possible to immediately cease extensive client poaching practices and enabled our client to communicate to their clients the results of the procedure and the judgement against the former employee and the competitor.

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