Proof of Unlawful Employee Poaching

Most often our professional corporate investigators at Kurtz Investigations Kiel and in Schleswig-Holstein are engaged by firms for offences such as expense-accounting and time-fraud, false sick notes and embezzlement; however, in recent times cases involving breaches of non-compete clauses and unauthorised contacts with competitors have increased. Our IHK-certified corporate investigators from Kiel will gladly take on your case and conduct legally admissible investigations against the suspected employee or employees: +49 431 3057 0053.

Unlawful Headhunting to Intentionally Harm a Competitor

Employees who hold positions of trust within a company commonly have a competition clause in their contracts. This prohibits contacts with competing firms and serves to protect employers from losses caused by the disclosure of internal information. Some contracts also contain a post-contractual non-compete clause that can extend for up to two years after leaving the company.

Competitors now operate via so-called “headhunters” who are specifically tasked with poaching staff from other firms. Recruited employees are promised better positions at the competitor, higher salaries and special perks to induce them to change employers. Affected businesses usually have limited recourse, since an employee is not a slave and being headhunted is not illegal per se. If, however, the employee’s departure breaches contractual non-compete clauses and/or a systematic poaching of several employees is organised with the intention of severely damaging or even bankrupting the losing company, the hiring company is acting anti-competitively and may be liable for damages. Many employees are tempted by the promises of competitors and do not feel obliged to remain loyal to their current employer.

If you doubt the honesty of your employees, our expert detectives in Kiel and Schleswig-Holstein will be happy to advise you comprehensively and without obligation about the options for a discreet employee check. Please use our contact form or send us an email at kontakt@kurtz-detektei-kiel.de.

Additional Grounds for Unlawful Poaching

If the competitor not only lures staff with the incentives mentioned above but, for example, defames the current employer, unlawfully gains access to the employer’s premises to contact the targeted employee, or attempts to persuade the employee by telephone during working hours, this also constitutes anti-competitive conduct and deliberate harm to the business. In the latter case, only a brief call to arrange an appointment is acceptable. Paying a “finder’s fee” to headhunters for each acquired employee also counts as unlawful poaching. A request by the competitor that the recruited employee disregard their notice period and switch immediately, or otherwise act to the detriment of their current employer, is likewise prohibited. The violations concerning unlawful poaching of personnel are governed by Section 4 No. 10 UWG (Act Against Unfair Competition – protection of competitors) and can result in contractual penalties, claims for damages and injunction proceedings.