Tennessee 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
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].
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.
Determine if it's overly broad or unreasonable in scope. If so, you may have grounds for requesting its release. Next, consider negotiating with your employer or former employer. See if they would be willing to modify or remove certain provisions of the agreement that are inhibiting your career growth.
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.
In Tennessee, while covenants not to compete are technically"disfavored," generally speaking, they will be enforced by the courts provided that they are "reasonable" under the particular circumstances.
Employee agrees that for _____ [months/years] after Employee is no longer employed by the Company, Employee will not directly or indirectly solicit, agree to perform or perform services of any type that the Company can render ("Services") for any person or entity who paid or engaged the Company for Services, or who ...
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.
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.