Non-Compete Clause | Competition Fraud

The topics of non-compete obligations and competition fraud represent one of the most common intersections between employee monitoring and investigations into white-collar crime. Through surveillance, test purchases, covert enquiries, or undercover placements, the detectives of Aaden Corporate Investigations Hamburg provide court-admissible evidence: +49 40 4223 6960.

Unauthorised Secondary Employment

During an existing employment relationship, employees are generally prohibited from competing with their employer—this includes working for competing companies as a secondary occupation. If an employee violates this prohibition, they engage in unauthorised secondary employment and may, upon appropriate proof by the detectives of Aaden Detective Agency Hamburg, be dismissed without notice. In many cases, claims for damages and cease-and-desist demands are also justified.

In particularly blatant cases, where the employee seriously breaches their duty of loyalty towards the employer, it may even occur that the employee, through unauthorised secondary employment, diverts orders from their employer to a competitor—or even to themselves. This can begin with something as simple as a tradesman undercutting their employer’s known offer to a client and taking the job privately—often undeclared.

Non-Compete Obligations Are Legally Established

What many are unaware of: the non-compete obligation during an ongoing employment relationship is a statutory ancillary duty arising automatically from the employment contract. This obligation does not need to be explicitly stated in the contract.

The detectives of Aaden Corporate Investigations Hamburg will be pleased to advise you on these and other matters: info@aaden-detektive-hamburg.de.