[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Designation] [Company Name] [Company Address] [City, State, ZIP] Subject: Notice of Violation of Noncom petition Agreement Dear [Recipient's Name], I hope this letter finds you well. I am writing to bring to your attention a violation of the noncom petition agreement (hereinafter referred to as "Agreement") that was signed between [Employee's Name] (hereinafter referred to as "Employee") and [Company Name] (hereinafter referred to as "Company"). As you may recall, the Agreement was executed on [Date of Agreement] and clearly outlined the terms and conditions regarding restrictions on Employee's post-employment activities. Our agreement specifically defined the prohibited activities and duration of the noncom petition clause, which extends from [Start Date] to [End Date]. Upon a thorough examination of Employee's recent actions, it has come to our attention that they are engaging in activities that directly violate the terms set forth in the Agreement. The specific violation(s) observed include [description of violations, such as working for a competitor, disclosing proprietary information, soliciting clients, etc.]. In light of the aforementioned breach, we kindly request that immediate action is taken to remedy this situation. We expect Employee to cease and desist all activities that violate the noncom petition agreement, thereby preserving the Company's rights as outlined in the Agreement. Failure to comply with this request will compel us to consider legal action to enforce the terms of the Agreement and seek remedies for any damages or losses incurred by the Company due to this breach. We trust that we can promptly and amicably resolve this matter without resorting to litigation. Please notify us in writing within [time frame] from the receipt of this letter, indicating the steps taken to address this violation. Should you require any further information or wish to discuss this matter directly, please do not hesitate to contact me at the provided contact details. Thank you for your attention to this matter. We anticipate your prompt and appropriate action in resolving this violation. Yours sincerely, [Your Name] [Your Designation] [Company Name]
Hawaii Sample Letter for Violation of Noncompetition Agreement
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How to fill out Hawaii Sample Letter For Violation Of Noncompetition Agreement?
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FAQ
Responding to a Cease and Desist Letter Here is what you should do: Consult with a lawyer experienced in non-compete agreements. If it appears to be a misunderstanding, consider reaching out to your former employer to clarify. In most cases, have your lawyer craft a written response to the cease and desist letter.
In Hawaii non-compete agreements can still be enforced in the sale of businesses. Lawyers often question whether various non-competition provisions are still enforceable in Hawaii.
Employee agrees that for _____ [months/years] after Employee is no longer employed by the Company, Employee will not directly or indirectly solicit, agree to perform or perform services of any type that the Company can render ("Services") for any person or entity who paid or engaged the Company for Services, or who ...
Generally speaking, you must either show that the terms of a non-compete are unenforceable or reach a release agreement with other parties.
Determine if it's overly broad or unreasonable in scope. If so, you may have grounds for requesting its release. Next, consider negotiating with your employer or former employer. See if they would be willing to modify or remove certain provisions of the agreement that are inhibiting your career growth.
The letter should contain a summary of the contractual agreement, and citations to case law that demonstrates that the employee is in breach of the non-compete agreement. The business should advise the employee that it will seek damages if the violations are not stopped.
I am writing this letter and desperately requesting a release from this non-compete restraint. I am willing to offer payment or other valuable consideration in exchange for this request. Please contact me at any time to further discuss this matter at [TELEPHONE] or [E-MAIL].