Young Salesperson Non Compete
Wondering if Your Non Compete is Enforceable?
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Non Compete Solution
Ted contacted us after he received the cease and desist letter. We reviewed his documents and interviewed him. Based on this review, we concluded that enforcement of his non compete would not protect any legitimate business interests of his former employer.
We also concluded that the change in compensation was retroactive, and may have been a violation of the Massachusetts Wage and Hour laws.
We drafted a response to the cease and desist letter and then worked on negotiating a resolution with the employer. After we threatened suit under the wage and hour laws, and demonstrated the problems with enforcing the non compete clause, we reached a resolution. Ted was released from the non compete with minimal restrictions and allowed to continue pursuing his career.
We also concluded that the change in compensation was retroactive, and may have been a violation of the Massachusetts Wage and Hour laws.
We drafted a response to the cease and desist letter and then worked on negotiating a resolution with the employer. After we threatened suit under the wage and hour laws, and demonstrated the problems with enforcing the non compete clause, we reached a resolution. Ted was released from the non compete with minimal restrictions and allowed to continue pursuing his career.
Postscript
Because he acted quickly to secure legal advice and representation, Ted was able to stand up to the former employer's aggression and move on with his career. He was also able to do this without ever filing a lawsuit, or being named in a lawsuit. This was of concern to him at the beginning because he did not want to start his career with a public record of being party to a legal dispute.
If you are in a similar situation, remember that a cease and desist letter does not necessarily mean you can't take that new job. Also remember that early advice from an experienced employment lawyer is key to maximizing your chances of a quick and private resolution.
If you are in a similar situation, remember that a cease and desist letter does not necessarily mean you can't take that new job. Also remember that early advice from an experienced employment lawyer is key to maximizing your chances of a quick and private resolution.
How Our Non Compete Lawyers 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.