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I read an interesting article by Peter A Steinmeyer and Zach C.
Jackson on the steps an employer should consider before filing a
noncompete lawsuit. It's in a very useful format that
lists bullet points under each item. I found it
particularly interesting that the authors noted that sending a
copy of a "cease and desist" letter to the new
employer can come with risks. A "cease and desist"
letter is a letter that an employer might send to the former
employee before filing a lawsuit to remind the employee of his
contractual obligations and to threaten a lawsuit if he
does not stop violating them. As Steinmeyer and Jackson
note, if a copy of that letter is sent to the new employer and is
somehow inaccurate or the employee is fired as a result of the
letter, the employer could face claims brought by the employee
for libel, tortious interference with contract, or tortious
interference with business relations. So it's
best for employers to have their facts straight
before sending letters, let alone filing
lawsuits.
To view Foley Hoag's Massachusetts Noncompete Law
Blog please click
here
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