WHAT DO YOU DO WHEN YOU GET “CEASE AND DESIST” LETTER?

Yikes. Bad day. Received a letter from ex-employer (we will call him Virginia Incorporated Company, LLC – or VIC, LLC) that says the following:

Mr. Smith:

It has come to our attention that you are currently working for Virginia Company Inc. in breach of your employment agreement, namely paragraphs 6-8, non-competition.

According to the terms of the agreement, you are not permitted to work for a competing company with 100 miles, and for two years after your employment with our company ended.

Should you continue your employment, and therefore you breach after this Friday, November 6, 2009, we will have no choice but to file suit and seek an injunction against your current activities.

Please have Virginia Company Inc. send a letter confirming you are no longer employed.

Yours,

BOSS MAN VIC, LLC.

Ok, so what do you do? Here are the most popular options:

a. Ignore the letter
b. Send a snotty nasty gram letter back
c. Show the letter to new employer
d. Call an attorney to evaluate your options

While a and b are popular, I highly recommend you NOT chose those options. I often get calls from folks who go the ignore route, until 24 hours before their Answer to a lawsuit or letter and then they are shocked when we cannot represent them.

As soon as you get a cease and desist letter, let someone know – preferably someone who can help, like an atttorney.

Lauren Ellerman

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.