What can I do if I’m being sued by a former employer for violation of non-compete and and trade secrets?
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What can I do if I’m being sued by a former employer for violation of non-compete and and trade secrets?
are basically saying that I took company info and contacted their customers after I left. While I think I can win this suit, I can not afford an attorney and have been fighting this alone. After a deposition this morning the other side sat down to discuss a settlement but is insisting on an injunction. I have been told that I should ask for a non-solicitation agreement instead as an injunction could open me up to criminal charges and require me to pay their legal fees which are astronomical.
Asked on July 8, 2014 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
No, an injunction in a civil case (such a case brought for alleged breach of a non-competition or non-solicitation agreement) cannot result in criminal charges, since an injunction is not a crime; and you would not be liable for your former employer's legal fees unless (1) the initial non-compete or non-solicitation agreement you had signed provided that the employer could recover legal fees in the event of a breach, (2) you acted in some way in litigation that was in demonstrable bad faith, or (3) a proposed settlement agreement you sign provides for legal fees. Otherwise, as a general proposition, each party is responsible for its own legal fees.
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