Give the person a certain amount of time to respond to your letter, usually at least 10 days. Explain that if it does not respond to your letter within the specified time frame, you may be forced to take additional steps that could affect their rights. If the contract containing the non-competition clause contains a specific remedy for breach of the clause, please also include this information in your letter. Determine the criteria that led the person to violate their non-competition clause. Write down this information for use in your letter. A lawyer can help you describe the employee`s behaviour concisely and decide, from a procedural tactic perspective, the extent to which an assertion should be included in the letter. Draft letter to the person who violated the non-compete clause. Please indicate that you are writing to the person about their currently binding non-competition clause. Tell the person when they signed the non-competition clause and the period during which the non-competition clause applies. If you mention the specifics of the non-compete clause, explain how the person is currently being raped and how it harms your business. Include a request for specific measures, for example, the requirement.
B that the worker stop work for his new employer. Third alternative: liquidated damage. Liquidated damages are provided in a contract as an amount or formula for calculating an amount that a party will pay for the breach of contract. In this context, employers may include an amount that the worker must pay if he violates the non-compete agreement with his employer. Since the liquidated damages are part of the contract, the new employer is not required to pay the liquidation damages unless he has signed a contract directly with the former employer. The courts must decide whether a liquidation clause is appropriate before being required by a party for payment. This amount may also vary. The most frequently sought (and most frequently granted) type of exemption for violation of a non-compete agreement is an injunction.
This means that, in many cases, the former employer cannot or cannot seek damages. Instead, they ask the court to respect the non-competition agreement and get the worker to leave the new employer. In general, it is very difficult to show that a non-competition clause is applicable. In most cases, it is concluded that the non-competition clause was not applicable. In general, overly broad non-competition prohibitions are not applicable, while narrower and maintained non-competition prohibitions only prevent the worker from asking or cooperating with the former employer`s clients.