Australian Corporate Investigator’s Tips To Investigate An Unfaithful Employee

Companies Face Thorny Situations

When workers or associates act disloyally, businesses could face various harmful effects. Among others, patent infringement, disclosure of business secrets the theft of customers can damage the company’s image.

What exactly constitutes corporate unfaithfulness? What do individuals face as a result of committing such offenses? An unfaithful employee may warrant investigation. How can this be done to pursue dismissal or claims for damages?

Understanding Corporate Unfaithfulness

When employees sign their employment contracts, they agree to a set of obligations that go beyond their job duties. One such obligation is loyalty, which prohibits them from sharing confidential information or acting against the interests of their employer. The civil code has a general definition for corporate unfaithfulness. Similarly, it encompasses stipulations about the responsibility of devotion.

Preventing Employees from Engaging in Competing Businesses

On their own or on behalf of third parties, engaging in competing businesses is not allowed for employees. They must also refrain from disclosing confidential information about your company’s production methods, organization, technologies, and know-how related to product development.

Prohibiting Unfair Competition and Misappropriation of Company Assets

Employees should not engage in unfair competition or misappropriate company assets. In this context, we are specifically talking about patrimonial unfaithfulness. A common example of corporate unfaithfulness occurs when former employees steal customers. To prevent this, a competition agreement is necessary.

Implementing Competition Agreements

A competition agreement ensures that once the employment relationship has ended, former employees cannot start a business that targets the same type of clientele and operates in the same geographical area. This agreement is typically included as a clause within the employment contract.

Limitation of Economic Initiative

When an employee signs an employment contract, they agree to limit their freedom of economic initiative in exchange for an economic consideration negotiated with the employer. This limitation must be limited in time and cannot extend beyond five years.

Is Employee Unfaithfulness a Crime?

While employee unfaithfulness may not always be considered a crime, it can still cause significant harm to your business. By putting the proper measures in place, including competition agreements and clear guidelines, you can protect your company from the negative effects of employee cheating.

How to Prove Corporate Unfaithfulness and Violations

It is possible to prove corporate violations if there is sufficient evidence. In cases involving trademark misuse, product imitation, or unfair competition, the NSW, Australia Civil Code serves as the regulatory reference. This code also prohibits spreading false information or engaging in unprofessional conducts that discredits a company’s image.

To identify a violation of a non-competition agreement, in-depth investigations are necessary to inhibit former employees’ activities and obtain adequate compensation for any damages. Breaching IT security rules, such as unauthorized computer access or sharing confidential credentials, also constitutes a crime. Employee unfaithfulness can manifest in false illness claims and abuse of permits and reimbursements.

Investigating an Unfaithful Employee

Determining an unfaithful employee’s conduct for compensation purposes and protecting company data confidentiality can be challenging. While such actions constitute a crime, it may not be straightforward to demonstrate the employee’s responsibilities and bad faith.

Proving Corporate Unfaithfulness

To prove corporate unfaithfulness, it is essential to gather substantial evidence that demonstrates the employee’s misconduct or violation of company policies. This may involve conducting in-depth investigations, collecting relevant documents, and seeking legal advice to ensure the best course of action is taken.

How to Handle a Former Employee Stealing Customers: A Guide

When a former employee steals customers, it’s essential to prove that they’re exploiting the company’s confidential information and violating the boundaries set for new competitive activities. It’s also crucial to uphold the validity of agreements made with the previous employer.

Hiring A Corporate Investigator

Most companies choose to hire a private detective to investigate an unfaithful employee. Often, this is a necessary step to gather detailed documentation that helps illustrate the violation’s circumstances and the extent of the damage suffered.

Importance of Professional Help

Enlisting a professional’s help is vital when pursuing legal action and seeking compensation for damages. The documentation supporting the claim of corporate unfaithfulness must be obtained lawfully to prevent the evidence from being disputed by the opposing party.

Investigative Agency Support

In nearly all cases where an employee’s unfair actions need to be proven, the support of an investigative agency is required to initiate the dismissal procedure for just cause. AusCovert Investigations specializes in unfair competition investigations and can implement comprehensive control and monitoring measures.

Monitoring Techniques

Our operational agents utilize various methods, including dynamic observation of employee movements and sophisticated GPS tracking tools. These techniques ensure professional support and competence in obtaining valid evidence for court proceedings.

Court Testimony

If necessary, our agents are available to provide testimony in court as witnesses.

By following these steps and engaging professional detective agency like AusCovert Investigations, you can effectively address the issue of a former employee stealing customers and protect your business interests.