As many employees know, employers use restrictive covenants, i.e. non-compete agreements, non-solicitation agreements, and non-disclosure agreements, https://labaradams.com/employment-law/contracts/non-compete-agreement/, to stifle an employee’s prospective job opportunities.
Procedurally, such agreements are enforced by Employers by sending a “cease-and-desist” letter. This letter is often sent to the ex-employee threatening to file a lawsuit against the employee seeking an exorbitant amount of money as damages unless the employee ceases working at the new employer. If the employee does not cease working, the prior employer then files a lawsuit and immediately files a motion seeking a preliminary injunction. Such injunctions are often sought on an “expediated” schedule. Employers do this because they know: (1) it will be difficult for the employee to marshal the necessary evidence under an “expedited” schedule; (2) it can be difficult for the employee to retain counsel in an “expediated” timeframe; and (3) it can be costly for the employee to retain counsel.
Recently, LaBar & Adams was confronted with such a scenario where we were retained by an employee whose prior employer was seeking an expediated injunction against him. Once the Federal Court heard our argument and the evidence, it denied the request for an expedited and denied the motion for injunction.
If your employer is threatening you with a “cease-and-desist” letter or a non-compete agreement lawsuit, you should contact an employment attorney at LaBar & Adams, P.A. at 407-835-8968 or www.labaradams.com
