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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.
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.
And we do have a range of studies suggesting that, in industries where enforceable non-compete agreements are used en masse, the whole labor market is slower-moving, there are fewer job offers made, worker wages are lower, job mobility is lower, and job satisfaction is lower.
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].
Louisiana courts require that noncompetition agreements strictly comply with R.S. 1. Under section 921, a noncompete agreement is unenforceable in Louisiana unless the agreement strictly complies with the elements of section 921.
The non-disclosure agreement legally prevents an individual from disclosing vital information obtained while in the employment of the company, thereby deterring other companies from hiring them solely for that benefit.
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.
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.