Online Consultation -Restraint of Trade

Note: See bottom of page for links to our related services for this type of crime

This problem ordinarily can come to our client's attention either whilst someone is still in their employ or after an employee has left the company.
In many instances an employee begins to feel that he/she has enough expertise and a strong enough relationship with the company's clients to lure them away from doing business with you and begin doing business with them. There are two aspects to this type of renegade activity that can have a negative bearing on your business namely:

(1) The appearance of disarray or disloyalty in your business as seen from your client's perspective.

(2) The loss of business through your customers taking a chance on the promised "better prices" and "better service" which are most often the buy lines used by the renegade employee. Of course this activity is an unfair practise since the employee has only gained his knowledge and exposure to these clients through his employer. This is the concept that forms the basis for the reason behind a restraint of trade agreement.

The key to this type of investigation is often not so much establishing that the transgressions or breach or contract is taking place but proving it conclusively in order for our clients to successfully obtain an interdict preventing the ex-employee from continuing with his potentially destructive activities. This is where a trained investigator is required who can successfully combine a knowledge of what is required in terms of evidence with the knowledge and expertise to obtain such evidence. We have an excellent track record in this regard and can proudly boast that we have saved our clients potentially great losses and further destruction and aggravation to their business.

You should be cautious in this type of situation not to resort to a "scare tactic" approach whereby you threaten the ex-employee since this is of little consequence and is most often anticipated when the individual decides to embark on his "entrepreneurial" venture. Furthermore you will only give him fair warning or your intentions and thereby cause him to exercise extra caution and thereby make proving the case against him/her more complicated and difficult.