[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's 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 you regarding a serious matter concerning a violation of the noncom petition agreement (also referred to as a non-compete or non-compete clause) that you entered into with [Company Name] on [Date of Agreement]. As you are aware, the noncom petition agreement is a legally binding contract between you and [Company Name] which restricts you from engaging in certain business activities that may directly compete with our company's interests in a specified period after the termination of your employment. Unfortunately, it has come to our attention that you have breached the terms of the noncom petition agreement by [briefly describe the specific actions or activities that constitute the violation, including relevant dates and circumstances]. We take this violation seriously as it directly undermines our business operations and unfairly compromises our competitive advantage. As per the terms and conditions outlined in the noncom petition agreement, by engaging in such activities, you have caused substantial harm and potential damage to our company. According to Mississippi state law, a noncom petition agreement is enforceable if it is reasonable in time and territorial scope and necessary to protect legitimate business interests. It is essential to note that violating a noncom petition agreement can lead to legal consequences, including injunctive relief, monetary damages, and reasonable attorney's fees and costs. We kindly request that you immediately cease and desist from any further activities that violate the terms of the noncom petition agreement. Failure to comply with this notice within [number of days] days from the receipt of this letter may leave us with no choice but to pursue legal action to protect our rights and seek appropriate remedies. In light of the seriousness of the situation, we sincerely hope that we can resolve this matter amicably and without resorting to legal proceedings. Therefore, we invite you to contact us at [your contact details] to discuss this issue further and explore the possibility of reaching a mutual resolution. Please be advised that any further communication or action from you regarding the violation of the noncom petition agreement will be duly documented and may be used as evidence in any future legal proceedings. Thank you for your immediate attention to this matter. We look forward to hearing from you promptly. Sincerely, [Your Name] [Your Position] [Company Name]
Mississippi Sample Letter for Violation of Noncompetition Agreement
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FAQ
In certain circumstances, it is possible to find non-compete contract loopholes that may void the contract. For example, if you can prove that you never signed the contract, or if you can prove the contract is against the public interest, you may be able to void the agreement.
To be enforceable, a non-compete agreement in Mississippi must be reasonable in duration, geographic scope, and the type of work prohibited. The duration of the agreement should be limited and cannot be more than two years.
A breach of contract cease and desist letter is sent to a party that has entered into an agreement and has violated the terms resulting in damages to the claimant. This letter is commonly used when the defendant is in violation of an employment or non-compete agreement.
Citing these concerns, Microsoft announced it would be ?removing noncompetition clauses from our U.S. employee agreements, and will not enforce existing noncompetition clauses in the U.S., with the exception of Microsoft's most senior leadership . . . .?
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.
Four states?California, Minnesota, North Dakota and Oklahoma?have banned noncompete agreements entirely, and many other states have enacted restrictions, such as setting a compensation threshold or requiring advance notice.
Are you bound by a non-compete agreement? Yes, you are bound by a non-compete agreement. However, they only remain legally binding if the restrictions placed on you are reasonable and serve to protect the ?legitimate business interests? of your former employer.
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].