[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Company Name] [Company Address] [City, State, Zip Code] Subject: Noncom petition Agreement Violation Notice Dear [Recipient's Name], I hope this letter finds you well. I am writing to bring to your attention a clear violation of the noncom petition agreement that you had willingly signed with our organization, [Company Name]. As a diligent employer, we take such agreements seriously to protect the interests of our business. It has come to our attention that you have accepted employment at a competing organization within the restricted geographical area specified in the noncom petition agreement. This contravenes the terms outlined in the agreement, where you agreed not to engage in any employment activities that directly compete with our organization's business within [specific geographical area] for [duration of the noncom petition period]. This breach of the noncom petition agreement puts our organization at a significant disadvantage, jeopardizes our intellectual property, client relationships, and confidential information. Moreover, it undermines the trust and provisions set forth in the agreement that you agreed to uphold during your tenure with our company. We kindly request that you immediately cease the employment activities with the competing organization and comply with the terms of the noncom petition agreement that you signed. Failure to adhere to the terms will leave us no choice but to pursue legal action to protect our organization's rights, which may include seeking injunctive relief and claiming damages resulting from your breach. We believe in resolving matters amicably, and hence, we strongly urge you to meet with us to discuss this violation and explore potential solutions to rectify the situation. If you have any concerns or questions, please feel free to contact me directly at [phone number] or via email at [email address]. Please note that the noncom petition agreement remains in full effect, regardless of your employment status with any organization. In the event that the violation persists, we are prepared to enforce our rights to the fullest extent under the applicable state laws. We sincerely hope that this matter can be resolved without resorting to legal actions. We await your prompt response within [specific time frame] to indicate your willingness to address this violation. Otherwise, we may take the necessary actions to protect our organization's interests. Thank you for your immediate attention to this matter. Yours sincerely, [Your Name] [Your Position] [Company Name]
Houston Texas Sample Letter for Violation of Noncompetition Agreement
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How to fill out Houston Texas Sample Letter For Violation Of Noncompetition Agreement?
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FAQ
Texas law provides that a covenant not to compete is enforceable only if it: is ancillary to or part of an otherwise enforceable agreement. contains reasonable limitations as to time, geographical area, and scope of activity.
Finally, the employer's conduct (e.g., unclean hands, or conduct inconsistent with enforcement) can sometimes provide the employee with a good way out of a noncompete. In order to get out of a non-compete agreement, you will need to prove that the non-compete agreement is unenforceable.
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The answer is: A non-compete agreement IS enforceable in Texas if it is supported by valid consideration and is reasonable in time, geographic scope, and activities to be restrained. A Texas employer can utilize a non-compete agreement to protect company goodwill and confidential information.
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.
How do I get around a non-compete agreement? Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.
How do I get around a non-compete agreement? Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.
What Happens If I Break a Non-Compete Agreement in Texas? If you violate the terms of a legally enforceable non-compete agreement, your employee may ask the courts for an injunction to stop improper competitive activity and pursue actions (such as a lawsuit) to recover financial damages.
Non-compete agreements must be signed by all parties and limit restriction to a reasonable period, often two years. However, the broad nature of the restrictions in this type of contract is often unenforceable.
Finally, the employer's conduct (e.g., unclean hands, or conduct inconsistent with enforcement) can sometimes provide the employee with a good way out of a noncompete. In order to get out of a non-compete agreement, you will need to prove that the non-compete agreement is unenforceable.