I often get calls from people, upset, frantic about a threatening letter received from an ex-employer.
The letter may say “We understand you are in breach of your non-compete. Cease immediately or we will seek and injunction against you in a Virginia court and ask for damages in the amount of $1,000,000.”
“I have to make a living,” my clients / callers say. “I can’t afford a legal battle.” “How can they come after me like this?”
Most often these comments are born when they realize they are being sued for breach of contract.
You remember the old adage – “Don’t get mad, get even?” Well, that is BAD advice when we are talking about bashing corporations or employees of your old employer.
I have had folks say “well if they can come after me like this, I will give everyone their trade secret information and say terrible things about them to their clients.”
I often scream into the Phone – DON’T DO THAT. REVENGE DOES NOT HELP IN VIRGINIA BUSINESS TORT CASES.
Don’t bad mouth them anywhere – especially in writing. Those writings will turn into a Defamation claim, which will make any breach of contract claim much more complicated.
So please, I understand anger, and even getting really mad when your employer threatens to take you to Court in Virginia for breaking your contract. I also understand the desire to get even, but before you do, please call an attorney to find out what you can and cannot do, say, etc.
You will be glad you did.