Non Compete Cease and Desist Letter: How to Respond
Understanding Non-Compete Cease and Desist LettersWhen you receive a cease and desist letter from a former employer alleging a breach of your non-compete agreement, it's essential to grasp the situation and take appropriate action.
This legal document, often sent by your former employer's attorney, may contain inflammatory statements about your alleged violations and demands for you to cease specific activities. While it may include threats of costly lawsuits, remember that it is not a lawsuit itself. A cease and desist letter doesn't carry the weight of a court order or judgment. Instead, it serves as notice that your former employer is considering legal action and offers an opportunity to resolve the matter outside of court. Nonetheless, it is a signal to act quickly to get legal advice about your non compete so that you can take steps to resolve the situation before anyone files a lawsuit. Legally, you are not obligated to respond, but it's generally advisable to do so. Ignoring the letter may also heighten your former employer's suspicions, even if unfounded. Do You Need to Halt Your Activities Immediately?The letter lacks the authority to compel you to cease your actions immediately. However, seeking legal counsel promptly is advisable to protect yourself and determine the best response. Taking certain steps, such as isolating any contacts or information related to your former employer, can help allay concerns.
Responding to a Cease and Desist LetterYou do not need to panic. The letter is just the beginning of a process that a good lawyer can help you get through. Here is what you should do:
|
We're Here to Help.OR
|
Implications for Your New Employer
Occasionally, cease and desist letters are sent to your new employer, alleging interference with your non-compete contract. Generally, your new employer should not face significant legal liability. If concerns arise, your legal counsel can help address them with your new employer or their legal team.
Navigating a cease and desist letter related to a non-compete agreement may seem daunting, but with the right legal guidance, you can address the situation effectively. Preserve relevant evidence, engage in discussions, and aim for an amicable resolution while protecting your interests. For more information, explore our frequently asked questions about non-compete lawsuits.
Navigating a cease and desist letter related to a non-compete agreement may seem daunting, but with the right legal guidance, you can address the situation effectively. Preserve relevant evidence, engage in discussions, and aim for an amicable resolution while protecting your interests. For more information, explore our frequently asked questions about non-compete lawsuits.
Meet Our Employment and Non Compete Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, been interviewed by the Massachusetts Superlawyers magazine about non compete agreements, and written an op-ed in the New York Times about the dangers of non competes. Along with the rest of the slnlaw team, she has helped hundreds of clients navigate, negotiate, or defend against their non compete agreements.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped many clients understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna works with employers to develop reasonable and enforceable employee agreements, including non competes. She has also helped employees understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients both evaluate and negotiate their non compete agreements, and defended non compete claims in state and federal courts.
How We Can Help
We have years of experience representing people in non compete lawsuits in Massachusetts state and federal courts, as well as responding to cease and desist letters, and we would be happy to help. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
|
|
|
|
|
