Breach of Non-competition Clause by Former Employee

The document titled 'Breach of Non-competition Clause by Former Employee' is a letter written by an individual in response to a letter received from their previous employer regarding an alleged breach of the non-competition clause in their employment agreement. The letter begins by addressing the recipient and providing the current date. It is marked as confidential and privileged.

 

The author of the letter states that no employer is entitled to use a restrictive covenant to protect themselves against competition per se, and a covenant against competition per se is not reasonable and therefore void. They mention that after terminating their agreement with the previous company, they were employed by another company in a different position.

 

The author asserts that during their employment with the previous company, they were not responsible for making any connections with clients and were not privy to any major or strategic operational decisions or confidential information. They argue that the letter from the previous company fails to provide full particulars of the facts and matters relied upon to assert the enforceability of the non-competition clause. They request the previous company to state all the interests it relied upon and how much interests could reasonably warrant such a wide protection as stated in the agreement.

 

The author believes that the non-competition clause is far wider than what is reasonably necessary for the protection of the previous company's interests, if any. They argue that the clause is unreasonable and too wide a restraint, making it unenforceable. They state that they will not resign from their current employment or refuse any job responsibilities assigned by their current employer as a result of the letter or the agreement.

 

The author also seeks legal costs against the previous company, resulting directly from the letter, in a specified amount payable within 7 days. They express their concern that the previous company has approached other people in the industry regarding their previous employment agreement and urge them to cease all unreasonable and illegal behaviors against their rights and freedom in relation to confidentiality and data privacy. They warn that failing to do so will result in legal proceedings, including injunction, for all losses and damages. The letter concludes by reserving all rights of the author.

 

In summary, the document is a detailed response letter addressing the alleged breach of the non-competition clause in the author's employment agreement with their previous company. It provides a thorough explanation of the author's position, challenges the enforceability of the clause, and asserts their rights and demands legal costs.

 

Each section of the document serves a specific purpose. The introduction provides the recipient's information and the current date. The first paragraph highlights the trite law regarding restrictive covenants. The following paragraphs explain the author's employment history and their lack of involvement in client connections and confidential information. The author then challenges the enforceability of the non-competition clause and asserts their rights. The letter concludes with a request for legal costs and a warning against further illegal behaviors by the previous company.

How to use this document?

1. Address the recipient and provide the current date.

2. State the trite law that no employer is entitled to use a restrictive covenant to protect themselves against competition per se and that a covenant against competition per se is void.

3. Explain the author's employment history, including termination of the agreement and subsequent employment with another company.

4. Clarify that the author was not responsible for making connections with clients and was not privy to major operational decisions or confidential information.

5. Request the previous company to provide full particulars of the facts and matters relied upon to assert the enforceability of the non-competition clause.

6. Ask the previous company to state all the interests it relied upon and how much interests could reasonably warrant the wide protection stated in the agreement.

7. Argue that the non-competition clause is unreasonable and too wide a restraint, making it unenforceable.

8. Assert that the author will not resign from their current employment or refuse job responsibilities assigned by their current employer.

9. Seek legal costs against the previous company resulting from the letter, specifying the amount and requesting payment within 7 days.

10. Express concern about the previous company approaching others in the industry regarding the author's previous employment agreement.

11. Urge the previous company to cease all unreasonable and illegal behaviors against the author's rights and freedom in relation to confidentiality and data privacy.

12. Warn that failing to cease such behaviors will result in legal proceedings, including injunction, for all losses and damages.

13. Conclude the letter by reserving all rights of the author.