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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].