How to Write Violations of Non-Competition Letters
Enforcing non-competition agreements can be difficult. The first step toward a successful resolution is the issuance of a letter stating the violation of the non-competition agreement to the former employee and the former employee's new employer. These letters, also called "cease and desist" letters, are professional business letters that clearly address the legal obligations of the former employee, the various ways in which the employee has violated those obligations and how the former employer would prefer to see those violations addressed. Specific information is essential to a successful and meaningful "cease and desist" letter.
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Things You'll Need
- Copy of non-competition agreement
- Company letterhead
- Contact information for former employee and new employer
- Evidence of non-competition violation
Instructions
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Ensure that the company letterhead is placed at the top of the paper. Skip two lines.
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Write the date on the left side of the page. Include the month, day and year. Skip two lines.
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Include the address. The "cease and desist" non-compete violation letter should be sent to both the former employee and the company separately. Include the full name and title of the recipient, their position at the company, the company name and physical address. Skip two lines.
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Declare the purpose of the letter with a subject line, such as "Subject: (Former employee name)'s non-compete violation." Skip two lines.
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Write "Dear (Title) (Name):" as a salutation. Skip two lines.
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Summarize the legal restrictions placed on the former employee by the non-compete agreement in the first paragraph.
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Identify what the former employee has done to breach those restrictions in the second and subsequent body paragraphs. Be very specific. Broad or vague claims are not likely to be upheld in court. Provide evidence that the former employee is acting contrary to the agreement and your company's interests. Include a description of the real or potential damage that those actions have done to you or your company.
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End the letter with a list of demands. Specifically state your expectations.
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Close with a simple statement, such as "Sincerely" or "I look forward to your response." Skip four lines.
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Type your name and title at the company. Skip two lines.
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Write "Enclosures" and specify the number of enclosed documents within parentheses. At the very least, a copy of the nondisclosure agreement should be included with the letter.
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Tips & Warnings
Send the letter via certified mail to maintain accurate evidence of when the letter was received.
If the former employee and/or new employer do not respond to the cease and desist letter, legal recourse may be required.
References
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