[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Re: 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 that concerns the violation of the noncom petition agreement you signed with [Company Name] on [Date]. Please consider this correspondence as an official notice of your breach of contract. The noncom petition agreement, which you willingly signed, clearly outlines the terms and conditions that restrict your actions after the termination of your employment with [Company Name]. It was explicitly stated that you would refrain from engaging in any activities that directly or indirectly compete with our business within a specified geographical area and for a specific period. Our records indicate that you have blatantly violated these terms. As per the agreement, the noncom petition clause remains in effect for [duration] after the termination of your employment. However, we have recently become aware that you have started working for a direct competitor within the restricted geographic area, thereby directly competing with [Company Name] and potentially causing significant harm to our business interests. Your actions not only jeopardize our company's reputation and trade secrets but also undermine the trust and professional integrity we placed in you during your tenure with [Company Name]. Moreover, this violation of the noncom petition agreement sets a poor precedent for other employees and casts doubt on our ability to effectively enforce valid contracts. We demand that you immediately cease and desist from engaging in any activities that contravene the terms set forth in the noncom petition agreement. Failure to do so will result in the initiation of legal proceedings against you to seek enforcement, damages, and any other remedies available under applicable state laws without further notice. We highly recommend seeking legal advice to understand the gravity of your breach and to take appropriate measures to remedy the situation. Furthermore, we request that you provide written confirmation within [specific time frame] that you will comply with this demand and rectify the violation. Please note that we take any violation of contractual agreements seriously, and a failure to resolve this matter swiftly and satisfactorily may result in additional legal action against you. We believe it is in the best interest of all parties involved to handle this issue promptly and amicably. Thank you for your immediate attention to this matter. If you have any questions or require further clarification, please contact me at [Phone Number] or [Email Address]. Yours sincerely, [Your Name] [Your Title/Position] [Company Name]
New Mexico Sample Letter for Violation of Noncompetition Agreement
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How to fill out New Mexico Sample Letter For Violation Of Noncompetition Agreement?
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FAQ
Yes, a non-compete is legally enforceable in New Mexico if the court deems them reasonable. The primary purpose of a non-compete cannot be to simply ?stifle competition.? An agreement must impose partial restraint of a specific trade no larger than reasonably required to protect the employer.
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 ...
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.
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.
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].
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.
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.