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  • Breach of Contract Cease and Desist

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    Henry Franks
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    This letter serves notice to John Doe to cease soliciting former customers of [CLIENT] in violation of a non-compete agreement. The agreement prohibits Doe from working for a competitor or soliciting [CLIENT]'s customers for two years. The law firm represents [CLIENT] and warns that if Doe does not provide written confirmation to stop violating the agreement by [DATE], they will file a lawsuit against Doe and his current employer for breach of contract and tortious interference.

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    This letter serves notice to John Doe to cease soliciting former customers of [CLIENT] in violation of a non-compete agreement. The agreement prohibits Doe from working for a competitor or soliciting [CLIENT]'s customers for two years. The law firm represents [CLIENT] and warns that if Doe does not provide written confirmation to stop violating the agreement by [DATE], they will file a lawsuit against Doe and his current employer for breach of contract and tortious interference.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    Download as doc, pdf, or txt
    136 views2 pages

    Breach of Contract Cease and Desist

    Uploaded by

    Henry Franks
    This letter serves notice to John Doe to cease soliciting former customers of [CLIENT] in violation of a non-compete agreement. The agreement prohibits Doe from working for a competitor or soliciting [CLIENT]'s customers for two years. The law firm represents [CLIENT] and warns that if Doe does not provide written confirmation to stop violating the agreement by [DATE], they will file a lawsuit against Doe and his current employer for breach of contract and tortious interference.

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    © All Rights Reserved
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    of 2

    [DATE]

    Via Messenger

    Mr. John Doe


    [STREET ADDRESS]
    [CITY][STATE][ZIP]

    Re: John Doe and [CURRENT EMPLOYER] v. [CLIENT]

    Dear Mr. Doe:

    Our law firm represents [CLIENT]. This letter is served upon you pursuant to Rule 5.01 of the
    Minnesota Rules of Civil Procedure wherein demand is made upon you to cease and desist your
    solicitation of former customers of [CLIENT].

    You signed a Non-Compete Agreement (“Agreement”) with [CLIENT] at the time of your
    commencement of employment with [CLIENT].  The fact that they you are now working for a
    competitor and soliciting customers of [CLIENT] is a complete breach and violation of the
    Agreement. The Agreement was carefully drafted to provide that you not compete for a period of
    two years, by being employed for any business in the United States where [CLIENT] has made
    sales during the term of the Agreement and/or soliciting customers of [CLIENT] that were
    customers or prospective customers while you worked at [CLIENT]. More specifically, the
    Agreement provides that:

    Employee will not directly or indirectly (either as a sole proprietor, partner, partner with another,
    director or officer of a corporation, agent, employee, broker, or as a joint venture of otherwise)
    engage in, contact any employee of [CLIENT] on behalf of, contact any other individuals or
    entities having contractual relationships with [CLIENT] on behalf of, or provide services to any
    person or business that is or was a customer or specifically identified prospective customer of
    [CLIENT], that is or was a supplier to [CLIENT], or provider of services to any person or
    business that is or was competitive with any product or service marketed or planned for
    marketing by [CLIENT], if such person or business is located or doing business anywhere in the
    United States where [CLIENT] has made sales during the term of this Agreement.

    The services provided, as defined by the aforementioned language, is collections, as you know. It
    has come to our attention that you are soliciting customers of [CLIENT] that were customers
    while you worked there, including, but not limited to, [COMPANY]. Accordingly, you are in
    breach and in direct violation of your Agreement. Additionally, by soliciting [CLIENT]’s
    customers, you are tortiously interfering with the agreements between [CLIENT] and its
    customers. Your current employer, [CURRENT EMPLOYER], is also tortiously interfering with
    the agreements between [CLIENT] and its customers.

    If you continue to solicit customers of [CLIENT] and you do not cease soliciting the customers of
    [CLIENT], a lawsuit will be commenced against you and your current employer, [CURRENT
    EMPLOYER]. We will immediately seek a temporary restraining order in District Court against
    both you and [CURRENT EMPLOYER], and will also bring a cause of action for breach of
    contract and tortious interference with contract against you and [CURRENT EMPLOYER,
    seeking monetary damages to be proved at trial. Hopefully this recourse is not necessary, but my
    client has its own interests to protect and will vigorously do so.
    You will not receive another warning letter from this office. If you do not confirm in writing to
    our office by [DATE] that you will cease violating your Agreement with [CLIENT] and
    tortiously interfering with [CLIENT]’s agreements with its customers, a lawsuit will be
    commenced immediately.

    Very truly yours,

    [ATTORNEY]

    cc:

    [CLIENT]

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