What to do if I received a cease and desist from former employer regarding a non-compete/non-solicitation?

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What to do if I received a cease and desist from former employer regarding a non-compete/non-solicitation?

I have a copy of the non compete that was given to me when I was served with the cease and desist. I also have a copy of the unsigned revised non-solicitation agreement that was presented to me as being a document to supercede the original non-compete agreement.

Asked on August 25, 2012 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you signed a non-competition or non-solicitation agreement or otherwise demonstrated clearly that you were agreeing it (such as by continuing to work there after receiving an agreement and being told you must sign it to continue in employment), that agreement is enforceable against you. If you are violating it, the former employer could seek a court order forcing you to stop doing whatever it is that violates the agreement, and/or seeking monetary compensation from you. Since  they are taking action against you, you should bring the agreements and the letter to an attorney to review with you.


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