The non-competition agreement, in order to be valid, must have the following basic requirements: it must be in writing and countersigned for acceptance by the employee, it must specifically circumscribe the object of the prohibited activity, and it must be applied for a limited period of time (five years for executives and three years for other cases), and finally it must be congruously remunerated (there is no unambiguous criterion for evaluation but indicatively it must be around 10/15% of the salary).
In the absence of such a covenant, the worker, who leaves the company to move to a competitor, is only bound not to engage in acts of unfair competition by spreading even negative news or information about the former employer.
To proceed with dismissal, the employer must establish the embezzlement committed by the employee. It will therefore be crucial for the company to gather concrete and legally relevant evidence.
This evidence will feed into a detailed investigative report that will be forwarded to the Client for possible use at trial in dismissal proceedings for cause. The documentation may be corroborated by the testimonial testimony in court of the investigative license holder or the specialized operators who conducted the investigation.
