Post-Contractual Non-Compete Clause

To protect the interests and trade secrets of a company, it is common in many industries not only to include non-compete clauses during the term of employment but also for the period thereafter. A managing director who, with the company’s know-how, its client database, and knowledge of its corporate structures, moves directly to a competitor after termination of employment can deal a devastating blow to the former employer.

Through targeted surveillance of the former employee and court-admissible documentation of their work activities, the detectives of the Aaden Corporate Detective Agency Cologne can put a stop to business-damaging behavior: +49 221 9859 2399.

Advantages and Disadvantages of a Non-Compete Clause

A post-contractual non-compete clause does not only apply when a former employee joins a competitor but also when they begin self-employment in the same industry (§ 110 GewO in conjunction with § 74 to § 75 f. HGB). However, proportionality must always be maintained in the case of a post-contractual non-compete clause; otherwise, the clause becomes invalid. It must be ensured that the employee can earn a living independently after leaving your company. Accordingly, you as the former employer are obliged to pay compensation (non-compete compensation) to the former employee. For this reason, such a clause generally only makes sense for employees who have or had access to sensitive, confidential information.

On the other hand, violations of the non-compete clause are usually subject to substantial contractual penalties, which serve both as a deterrent and as compensation for any damages incurred. Consequently, proving such a violation through the Aaden Detective Agency Cologne is beneficial in several ways: the obligation to pay non-compete compensation often ceases, you receive compensation from the contractual penalty, and the employee must cease their activity, preventing further damage for the time being. In addition, you may be able to claim reimbursement of detective costs.

Collection of Evidence in Cases of Non-Compete Violations

If you determine that your former employee is using your company’s internal information with a new employer or possibly for their own business, our corporate detectives in Cologne will obtain court-admissible evidence so that you can take legal action against the individual. Receive free consultation by phone or via email at info@aaden-detektive.de.