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Category: Employment Law
Satisfied Customers: 167
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I've received an case and desist letter from my former

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I've received an case and desist letter from my former employer because i've breach the Non Compete Agreement and i want to ask them for a release from that agreement.
JA: Have you discussed the non-compete agreement with a manager or HR? Or with a lawyer?
Customer: no
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Now i'm an owner and employee to my company
JA: Anything else you want the Lawyer to know before I connect you?
Customer: While i was working for this company(who send me the letter) my job position was Warehouse Operative, i had no contact with any clients, suppliers or business secrets i was just a picker and packer. After almost 2 years i've decided to make my own company, so i've become an director while i was still working like Warehouse Operative . 2 months ago i've quit my job and i start selling some of the products that my former employer use to sell. i can tel that i wasn't aware of that paragraph in my contract about Non Compete Agreement and i want to ask them for a release from that agreement.
Good morning thank you for contacting Just Answer my name is***** am an employment solicitor and I will be assisting you today. Do you have a copy of your contract of employment with the previous employer? Also how long ago did you leave the previous employer?
Customer: replied 12 days ago.
Yes i have a copy of my contract and i resigned in December 2020, so 2 months ago

Can you attach a copy of the contract using the paperclip icon so that I can review this?

Customer: replied 12 days ago.
File attached (7PSZZGV)
Customer: replied 12 days ago.
you can see what they send me
Customer: replied 12 days ago.
They are selling just on their own websites. I had a website (i suspended that yesterday when the letter came) part of that i sell on eBay and Etsy where they don't have shops, so i can't see how i'm doing any competition to them on those platforms.
Can i still keep my shops open on eBay and Etsy?
Thank you for the attached I do not appear to have the full letter, I can only see the second page of the letter. If you could attach the full letter that would be appreciated.
Customer: replied 12 days ago.
Hi MatthewM1117,
This is the whole letter, the rest of it contains some examples that they say it was copied from their website, but I've brought down my listings just to make sure. I can confirm that who made my site was using some of their content.
Customer: replied 12 days ago.
I hope I will deal with the copyright issues by speaking withthem
My question is how can ask them to review the contract restrictions and get an release.
And if i can still trade on platforms where they are not trading.

The company are not under an obligation to release you from these restrictions in your contract, judging by the fact that they have sent you a cease and desist letter this would lead to the conclusion that they wish to fully enforce the restrictions against you.

However you can respond to the cease and desist letter, put forward your explanation and see whether they are willing to release you from these restrictions, however I feel this is unlikely.

Customer: replied 11 days ago.
Thank you i will try to speak with them.
Customer: replied 11 days ago.
In the meantime i will stop trading and do what they asked for.
Customer: replied 11 days ago.
But i'm not sure if they can enforce this against me, because i had no access to any informations (clients, suppliers or anything like that)while working for them. My position in the company was Warehouse Operative.

Glad to be off assistance, I would include this in your response to the cease and desist letter.

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