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VIOLATION OF NON-COMPETITION AGREEMENT

 

 

Companies increasingly often impose on their personnel non-competition agreements which limit the professional activity for a certain period of time after the termination of the previous professional relationship (article 2125 of Civil Code).

To be valid, the non-competition agreement should have the following fundamental prerequisites: it 1) is in writing and signed by the employee, 2) specifically defines the prohibited activity, 3) is applied for a limited period of time (five years for managers, and three for other cases), and 4) is suitably paid (there is no specific evaluation criterion, but it should approximately be around 10/15% of the salary).

In the absence of a non-competition agreement, the employee who leaves the company to work for the competition has only the obligation of not revealing news and information regarding the former employer as act of unfair competition.

Our intervention is carried out over the entire national territory with all the necessary legally authorized investigation tools, and provides the client with an investigation report with the necessary information to prove violations of the non-competition agreement. This documentation is then supported with the legal testimony of our investigation personnel.

CASE HISTORY

One of our clients is a beverage multinational company, which entrusted us with a series of investigations to verify the compliance of non-competition agreements applied to some former agents. The activity was conducted in the Italian regions of Lazio, Lombardy, and Campania and performed in two phases.

The first one consisted in verifying any profit-sharing among the subjects being investigated and examine possible activities conducted on behalf of competitors.

The investigations were conducted in a confidential manner, in other words through a structured local informative activity, and by consulting databases and accessible sources. A particular case emerged from this activity, in which a former agent had recently opened a beverage company in open violation of the non-competition agreement previously signed.

In the second phase, instead, the subjects under investigation were observed and shadowed during workday.

In particular, by using legally authorized technological tools to electronically shadow suspects, our operators were able to monitor for an extended period of time the agents’ activities, which were frequently conducted in open violation of non-competition agreements.

The description and chronology of the facts, the photographic report, and the copies of the receipts from the shops visited by the suspected agents for the commercialization of the competition products were added to the final investigation report, which was then given to the client to be used as legal evidence.

Our operators were subsequently called to give their testimony before the court and confirm the truthfulness of the information provided.

At the end of the legal action, the agents were convicted to pay the damages done to the client.

Contact us

+39.02.8252342

MIlano

Centro Direzionale Milanofiori
Strada 4, Palazzo A5
20057 ASSAGO (MI)

Roma

P.le Roberto Ardigò, 30/a
00142 Roma
Tel. +39 06 45442737

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