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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.
To be enforceable, a non-compete agreement in Mississippi must be reasonable in duration, geographic scope, and the type of work prohibited. The duration of the agreement should be limited and cannot be more than two years.
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.
Citing these concerns, Microsoft announced it would be ?removing noncompetition clauses from our U.S. employee agreements, and will not enforce existing noncompetition clauses in the U.S., with the exception of Microsoft's most senior leadership . . . .?
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.
Four states?California, Minnesota, North Dakota and Oklahoma?have banned noncompete agreements entirely, and many other states have enacted restrictions, such as setting a compensation threshold or requiring advance notice.
Are you bound by a non-compete agreement? Yes, you are bound by a non-compete agreement. However, they only remain legally binding if the restrictions placed on you are reasonable and serve to protect the ?legitimate business interests? of your former employer.
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].