Florida 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
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.
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.
An attorney can advise you on its likelihood of being upheld by a court. The reality is that some non-compete agreements are legally valid?and thus legally binding?in Florida. If your non-compete agreement is valid, then the only way to get out of it early is through negotiation with the other party.
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.
Noncompete agreements can be suspended when they are violated. A series of cases in Florida decided that if a party breaches a valid noncompete, then the employer does not get the full benefit of the agreement. Thus, while the noncompete is in breach, the limits are suspended until the breach stops.
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].