Letter Demanding Compliance with Covenant not to Compete
Re: Violation of covenant not to compete
[It has come to our attention that you are or have been soliciting business from customers of ours on behalf of your current employer. Specifically, we are advised that you are soliciting or have solicited business from the following customers: __________________.]
[It has come to our attention that you have gone into business in direct competition with us.].
We remind you that such conduct violates your Agreement with us dated [DATE], which included the following non-competition covenant: ____________.
Accordingly, we demand that you (i) immediately cease and desist from such conduct, (ii) confirm in writing within 24 hours your intent to do so, and (iii) confirm your compliance with this demand within seven (7) days from the date of this letter by providing us with the following information and documents:
We anticipate taking legal action and that your agreement to cease and desist will be memorialized and incorporated in a stipulated order settling the litigation. Enclosed is a draft complaint against you [and your current employer], prepared by our attorneys[, in which we seek a temporary restraining order and permanent injunction], as well as [lost profits, damages, and attorneys' fees]. We plan to file this complaint in the [COURT AND LOCATION] if we have not received the requested confirmation of intent by the close of business on [DATE].
Very truly yours,
[NAME AND TITLE]
c: [NAME AND ADDRESS OF COMPANY’S LEGAL REPRESENTATION]