Investigation of non-compete clause

How to uncover violations of a non-compete clause?

Because you are almost certain …

You suddenly lose important clients now that one employee has left.
Your best people leave one after another and start at the same competitor.
You have acquired a company and the seller is now starting a similar business.

Buytaert & Partners does everything to remove your last doubts and provides immediately deployable and legally usable evidence.

What is a non-compete clause?

A non-compete clause is an agreement between employer and employee or buyer and seller of a company. It includes agreements regarding competition: what is allowed and what is not. This is to protect the interests of the employer or buyer and to prevent unfair competition.

It is a complex matter where the rules are not always clear. The situations that may involve a violation of a non-compete clause are very diverse:

unauthorized exchange of business information by sales representatives or freelancers
competing activities after the sale of a company (= unfair competition after acquisition)
contractually extended loyalty obligation of a director of a company after the end of his mandate

The careful formulation and delimitation of the non-compete clause is very important.

Investigation of non-compete clause: is it allowed?

Absolutely. As a company, you may conduct or have conducted an investigation to determine if the non-compete clause has indeed been violated. To further limit the risk of damage to commercial interests, an investigation is conducted to map out the possible violation of the non-compete clause.

Of course, the rights and obligations of all parties involved are considered. Illegally obtained evidence cannot be used in a legal case.

When a dismissed employee breaches the agreements from a non-compete clause, you as an employer can demand that they immediately cease the competing activities to prevent further commercial damage. Financial compensation and damages may also be sought.

If the employee violates a valid non-compete clause that is in effect, they must repay the sole and lump-sum compensatory payment to the employer and also pay an equivalent amount as compensation. The judge may adjust the amount of this compensation.

Why hire a detective agency?

Do you want to recover the loss and prevent these types of malpractices in the future?

Then it is best to rely on a professional detective agency:

Private detectives work quickly, efficiently, and discreetly to collect all evidence. They know perfectly how to get the most out of it within the legal framework.
You receive all findings and evidence clearly presented in a legally valid report. A powerful working tool for your case.
We work with the bailiff to confirm our findings. Their official report is indisputable and cannot be dismissed by the judge.

As a victim of unfair competition, you are fighting not only for the money but also for your company's image. Therefore, get assistance from professional investigation experts.

Make it a matter of honor to win your case.

Investigation of non-compete clause

1. Intake Interview

Our private detective listens to your story completely free of obligation. Together with you and your legal team, we explore how Buytaert & Partners can assist you. After this conversation, you decide whether to proceed with us.

2. Non-compete clause investigation

During the investigation, we monitor the time spent by the individuals involved through observation and tracking. This way, we document unauthorized (professional) activities in photo and video material. Neighborhood research and questioning can also lead to important information.

You receive a progress report every day with an overview of the achievements and costs. At the end of the assignment, a final report follows. All reports are legally usable.

3. End of assignment

When the investigation is concluded, depends on the circumstances. Sometimes the private detective collects enough evidence after just one day, other times multiple days are needed. We cannot guarantee immediate success, but we do commit to a best-efforts obligation. As a client, you remain closely involved in the investigation.

That's why you choose Buytaert & Partners, experienced private detectives

30+ Years of combined experience

Our detective agency is a highly trained team of experienced professionals who are dedicated to your case.

Legal expertise

With a Master’s in Law and Criminology, we prove our added value in legal cases.

Personal & client-focused

Before, during, and after: your private detective is always accessible. The initial conversation is free and without obligation.

Complete transparency

From start to finish, you know exactly where you stand. No surprises from us. We keep you up-to-date.

What will this research yield for you?

An anonymous selection from our cases…

Case 1

Our client had acquired a company, and the agreement included a non-compete clause. Shortly after the sale, however, the seller started a new company in the same sector and region, with the same products at much lower prices. Our private detectives documented this clear violation in a legally admissible report, and the client easily won the case in court.

Case 2

In a niche industry with only 3 suppliers of a certain type of pump, our client employed a representative with extensive technical knowledge. There were suspicions that this employee was also visiting customers for the competing firm. Thorough investigation proved this to be true. Thanks to the collected evidence, our client was able to hold the representative accountable for the incurred business damages.

Case 3

Our client, a solar panel installer, had an employee who was closing contract after contract during prospecting. But suddenly, his sales figures dropped drastically. A red flag? Investigation revealed that the employee, in a side job, had started a business in ‘heating and roofing’. He was also installing solar panels for the people he had visited during prospecting for his boss. All of this was documented by us and confirmed by a bailiff. Our client won the lawsuit.

Frequently asked questions about non-compete agreement investigations

How do you ensure that the other party does not find out?

Firstly, we are strangers to the target, which is a clear advantage. Additionally, we conduct our investigations with the utmost discretion and professionalism. We are trained to operate inconspicuously, both physically and digitally. We use advanced investigative methods to minimize the likelihood of the subject suspecting anything. Communication with you as the client is also strictly confidential.

Are your research methods completely legal?

Absolutely. All our investigative methods fully comply with applicable laws. We always adhere to privacy legislation and operate within the boundaries of what is legally permitted. As a result, the collected evidence is legally valid and admissible in court.

How long does a non-compete violation investigation take?

Each investigation varies depending on its complexity and the available information. On average, an investigation into a non-competition breach takes a few weeks. In some cases, we uncover decisive information more quickly, but keep in mind that these types of investigations usually require in-depth research. We keep you informed at every step.

What happens if the investigation reveals no evidence of violation?

If the investigation does not yield (sufficient) evidence of a breach, you will still receive a detailed report with our findings. This report clearly explains the steps taken and the facts that were established. It may also reveal other observations that are equally interesting and important to know.

How much does a private investigator cost?

Buytaert & Partners operates with fixed hourly and mileage rates. No additional costs or flat fees. This ensures that you, as a client, always know what to expect. We highly value transparency and open communication. Read more about our approach as a detective agency.

What other detection services do you provide?

In addition to investigating non-competition breaches, we also conduct investigations into workplace theft, sickness absence, illicit work monitoring, and leasing fraud. We also support individuals and lawyers.

Engage these private detectives to investigate unfair competition in a discreet, transparent, and results-oriented manner?