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détective privé pour enquête sur non-respect de clause de non-concurrence

Non-compliance with non-competition clause

Licensed private investigator for investigation into violation of non-competition clause

Violation of Non-Competition Clause

How PROCAP DETECTIVE can help you

We seek and establish evidence of a non-competition clause violation so that you can take legal action and effectively defend your interests

The "non-competition clause" is a contractual provision that may exist between an employee and a company, but also between two competing companies. It aims to limit the freedom of an employee to work for an employer, often a competitor, or in certain sectors of activity at the end of his employment contract, or for an enterprise, to limit its freedom of competition.


Intended to protect the legitimate interests of the company, the non-competition clause is very limited: its violation can have serious consequences, for the offending employee, for the new employer, but also, for the company that does not respect it while being bound.


Do you suspect your employee or a company with which you are bound not to respect a non-competition clause?


In the event of a dispute concerning non-compliance with a non-competition clause, two courts have jurisdiction: if the action is directed against the offending employee, the Conseil des Prud'hommes has exclusive jurisdiction. The Commercial Court is competent to hear an unfair competition action against the new employer, on the basis of "complicity in violation of the non-competition clause".


In order for a non-competition clause violation to be established, it is necessary not only to demonstrate that the activity at issue is identical, but also to provide proof of the execution or performance of concrete and positive acts that are prohibited.


The investigations carried out by the PROCAP DETECTIVE agency aim to verify the new employment of your employee, to investigate whether it is necessary to perform prohibited tasks or activities, and to identify the real and effective functions held by the employee within his new company.


If the non-competition clause involves a company, we mainly seek to identify the concrete acts that it performs and that may fall within the scope of the clause, and the possibility of pre-existing poaching constituting unfair competition.


Whatever the situation or context, we systematically draw up precise and objective circumstantial reports, intended to be filed in your procedure and products in court to assert your rights and defend your interests effectively.

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