Employment Investigations: Violations of Restrictive Covenants
The Intelligence Group is often engaged by corporate clients to assist in investigating and enforcing the restrictive covenants of their employment agreements. Typically, we are asked to investigate the employment and practices of former employees who have willfully moved on from employment with our clients. Our findings have run the gamut from competing within the industry in violation of their agreement, to the theft of IP such as confidential documents.
In a matter for an international manufacturer, The Intelligence Group was asked to investigate rumors that a former employee was competing within the same market of products offered by our client. Our intelligence-gathering identified his employer, job function, and a professional paper he had published detailing the particulars of his new offerings. With evidence in hand, our client was successful in enforcing the non-compete provisions of its agreement with the former employee.
In a matter for a professional services firm, The Intelligence Group evaluated certain computer assets formerly assigned to a key employee. The investigation showed that the former employee had downloaded and saved confidential documents of the client, in addition to copies of communications with various customers of the firm. Based on his new employment, it was feared that he would use our client's information to compete in the industry. Our client utilized this evidence to obtain an injunction against the employee and his new firm, ultimately leading to a successful resolution of the issues.