Unauthorised Secondary Employment | Breach of Non-Compete Obligations | Illegal Second Job

Unless explicitly prohibited by the employment contract, every employee is generally entitled to pursue secondary employment. However, as a rule, they may not do so without informing their primary employer, and in many sectors secondary activities for direct competitors are prohibited for reasons of competition law and the protection of trade secrets. Anyone who fails to comply risks a formal warning, summary dismissal and, not infrequently, claims for damages.

 

If, as an entrepreneur or HR manager, you suspect that one of your employees is engaged in an unauthorised secondary or even tertiary occupation that is causing or could cause damage to the primary employer, the commercial investigators of Kurtz Detective Agency Trier and Luxembourg will be pleased to provide court-admissible proof of the misconduct: +49 651 2094 0060.

How Secondary Employment Can Cause Damage

Secondary activities (including self-employed work) become problematic at the latest when a conflict of interest arises:

 

  • Can the employee still give 100 per cent at their primary workplace, or does performance decline due to overwork?
  • Does the secondary employer demand access to confidential company information belonging to the primary employer and competitor?
  • Does the employee use the employer’s contacts and client databases for their own self-employed (competing) activity?

 

If one or more of these questions must be answered in the affirmative, there is inevitably a violation of the legitimate interests of the primary employer. The employer may respond by requiring the employee to cease the secondary activity or by initiating legal action. For this, however, they require a) reliable knowledge that secondary employment actually exists, and b) admissible evidence thereof.

 

The detectives of our Luxembourg and Trier commercial investigation agency will conduct surveillance of your employee and provide you with evidence that stands up in court: kontakt@kurtz-detektei-luxemburg.com. Should the suspicion be confirmed, the employee is generally liable for damages.

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Secondary employment not infrequently affects an employee’s performance. The employing company therefore suffers damage, the rectification of which it is entitled to claim.

Numerous Employment Opportunities in the Region

Not only is unemployment low in Trier, but the city also benefits from excellent transport connections to the rest of Germany and to neighbouring countries. In addition, the cathedral city is connected via inland waterways with Luxembourg, the industrial region of Lorraine, western German industrial centres and the North Sea ports. Tourist excursion boats also operate on the Moselle. Employment opportunities in the surrounding area are therefore plentiful, and jobseekers generally find it easy to obtain a second job. As an entrepreneur, it is therefore advisable to keep a vigilant eye on your workforce. Kurtz Investigations Trier and Luxembourg supports you with investigations that are both competent and discreet: +49 651 2094 0060.