Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I was recently sent a cease and desist letter from my

I was recently sent...

I was recently sent a cease and desist letter from my previous employer. They claim that I am violating my do not compete agreement

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I’m located in West Virginia but their office is headquartered in Michigan

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t think so

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
3/11/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,359
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome. I'm sorry to hear about this cease and desist. If you don't mind clarifying, what is your specific question for me here? I very much look forward to helping you on this matter.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
What should be my next steps? And is their non compete even valid

Thank you.

Non-compete agreements are generally enforceable in West Virginia, provided they are reasonable in terms of duration and geographic scope (2 years is generally considered reasonable, and where the employer does business is generally considered reasonable in geographic scope). The agreement must not result in undue hardship to the employee.

You could ignore the cease and desist entirely, as may such letters are empty threats which the employer has no intention of actually following through on, since actual litigation is expensive and time consuming to pursue and damages can be very hard to prove. You could also respond by explaining why the non-compete is invalid (i.e. it is unreasonable in duration or geographic scope, or it imposes undue hardship). For added effect, you could retain a local attorney to draft a response for you, which will make you appear much more serious about defending any possible lawsuit and may scare your employer into not taking action.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
If this matter were to go to court which state would it be in

Two other points of consideration: If you were discharged from this employment, you can argue that enforcement of the non-compete under those circumstances results in undue hardship, because you are essentially "forced" to work for a competitor since you have been involuntarily let go. Second, if you didn't sign the non-compete agreement at the onset of your employment, you can argue that it was not signed in exchange for something of value and thus that it is not an enforceable contract.

Ask Your Own Employment Law Question

It would be litigated in the state where you were employed, almost certainly.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Ok. Thank you very much

You are very welcome. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
I have copies of the cease and desist letter and my agreement if you wouldn’t mind checking over them

Unfortunately I cannot review documents. However, if you have any other specific questions I am happy to address them for you...

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
They letter alleges that I have contacted other employees to come to my new place of employment and there are no geographic locations listed

Enforcement of the non-compete would typically be restricted to where the employer does business and where they have legitimate business interests to protect. As for instructing other employees to come to your place of business, that is not inherently unlawful, but obviously if they trespass, harm you, defame you, etc. that could give rise to legal claims.

Again if there is anything more I can do for you just let me know. It's my pleasure....

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,359
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 14,359
14,359 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I recently terminated employment and am wondering what my
I recently terminated employment and am wondering what my rights are in regard to my trade specific job … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My secretary quit. She had access to much private financial
My secretary quit. She had access to much private financial information of mine and is now making contact with my ex. Can she be held accountable if she discloses this private information? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I have a question regarding non compete clause in my
I have a question regarding non compete clause in my contract especially with reference to indirect solicitation … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am looking to find guidance on replying to a cease and
I am looking to find guidance on replying to a cease and desist letter I have received from my previous employer. The letter itself accuses me of intending to compete with my former employer and I am … read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
Second opinion] We sold our business over 3 years ago. The
second opinion] We sold our business over 3 years ago. The non compete has expired. We each signed an independent contractor contract at the time with the new owner. About a month later we sent the ow… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Previous Pest Control employer in California sent me a Cease
Previous Pest Control employer in California sent me a Cease and Desist letter alleging that I took employees with me illegally and targeted their customer base as well as have ownership of their loca… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I signed a non compete agreement with a company that offered
I signed a non compete agreement with a company that offered commercial working capital loans and through a partner offered personal loans to only licensed healthcare professionals.. I signed a 2 yr n… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm in the State of Colorado - an employee was served with a
I'm in the State of Colorado - an employee was served with a cease and desist order relating to a non compete signed by her with her previous employer. As I understand she has to answer this within th… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,359 satisfied customers
I have a non-compete agreement I signed when I started at my
I have a non-compete agreement I signed when I started at my previous company. I was laid-off recently as apart of a company restructure, my team and function was eliminated from the organization. I h… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have owned a successful salon and spa for 28 years and 3
I have owned a successful salon and spa for 28 years and 3 of my stylist printed of customer list when we were away . What legal rights do we have because they took important data, which will have a F… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,359 satisfied customers
Myself and two co-workers recently left our previous employer
Myself and two co-workers recently left our previous employer to peruse business on our own, due to irreconcilable differences. (We are hairstylist who went from commission based salary to booth renta… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I have IT consulting company and I do put the consultants at
I have IT consulting company and I do put the consultants at client place to work. As per agreement between my company and the consultant, consultant cannot break my contract and work directly to the … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I live in Texas. I was hired part time for a small (1 person)
I live in Texas. I was hired part time for a small (1 person) Marketing and advertising firm. After approximately 5 months I was moved from part time to full time and placed on Salary. On the date of … read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
should i reply to a cerase and desist letter I was laid off
should i reply to a cerase and desist letter I was laid off and received a severance package. the package did not contain a non compete requirement. i recently received a letter from my former employe… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
should i reply to a cerase and desist letter I was laid off
should i reply to a cerase and desist letter I was laid off and received a severance package. the package did not contain a non compete requirement. i recently received a letter from my former employe… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
A former employee went to work for a compeitor who is headquartered
A former employee went to work for a compeitor who is headquartered over 50 miles away. His non-compete ends this November. A condition of his non-compete prevents him from selling within a 50 mile ra… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I resigned from a position in the jewelry business and went
I resigned from a position in the jewelry business and went to a similar position in another state. There was a vague reference in an employment agreemant about trade secrets, etc. Recently, I called … read more
Curtis Staropoli, Esq
Curtis Staropoli, Esq
Principal and Managing Attorney
Juris Doctor
744 satisfied customers
California Ex-employer has served a cease and desist order
California Ex-employer has served a cease and desist order based on a boiler plate non-compete contract. Claiming aggressive contact with former students for new location, claiming voluntarily leaving… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x