A non-compete investigation is a fact-finding process conducted by a licensed private investigator to determine whether a former employee or contractor is violating the terms of a non-compete agreement. This typically involves documenting employment activity, business affiliations, client solicitation, and other observable conduct that may constitute a breach of contractual obligations.
If a former employee signed an agreement not to work for competitors or solicit your clients for a set period, a non-compete investigation looks for evidence that they are doing exactly that. An investigator gathers documented, verifiable information about the person's current work activities. This gives you factual grounds to assess whether a legal response is warranted.
A software company suspects a former sales director left to join a direct competitor and is now contacting the company's existing client accounts in violation of a 12-month non-solicitation clause. A business owner believes a former partner opened a competing firm within the restricted geographic area defined in their separation agreement. An employer receives reports that a recently departed employee is recruiting current staff to a rival company, which is prohibited under their signed agreement.
Licensed private investigators can legally conduct surveillance in public spaces, verify business registrations, review publicly available professional profiles and corporate filings, and document observable employment activity. They cannot access private communications, sealed court records, or restricted government databases to gather this information. Applicable laws governing surveillance and data collection vary by state, so investigators must operate within the legal framework of the jurisdiction where the subject is located.
What types of evidence does a non-compete investigation typically produce, and how is that evidence delivered?
Investigators generally provide a written report documenting observed activity, along with photographs, timestamps, and references to publicly available records such as business filings or professional profiles. The format is designed to be clear and organized so that attorneys can assess its value in a legal proceeding. Evidentiary standards vary, so sharing the report with legal counsel before taking action is advisable.
How long does a non-compete investigation usually take to complete?
The timeline depends on how quickly observable activity can be documented and how accessible the subject's professional conduct is through public sources. Many investigations produce initial findings within one to three weeks, though cases requiring extended surveillance or multi-state activity may take longer. The scope of the agreement being investigated, including geographic and industry restrictions, also affects how much documentation is needed to build a complete picture.
