Puerto Rico Sample Letter for Violation of Noncompetition Agreement
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How to fill out Sample Letter For Violation Of Noncompetition Agreement?
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FAQ
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
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.
Non-compete clauses in employment contracts are valid and enforceable in Puerto Rico under general freedom of contract principles but must comply with requirements established by the Supreme Court of Puerto Rico.
While there's no minimum amount of time for you to reply to the letter, it's advisable to respond as soon as possible. A cease and desist letter may contain an arbitrary date for you to reply, such as within seven days.
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].
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.
Your response to the initial letter should be clear and present your resolution to the alleged infringement. Including all necessary information will help your case if the claim moves to court. Draft the response to your cease and desist letter carefully and include the necessary information.