Should I be worried about a cease and desist order?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I be worried about a cease and desist order?
I was recently fired from my job 2 weeks ago without being given warning or a reason. New Link Destination
day I received a cease and desist letter demanding the return of property digital and physical to my previous employer due to starting a competing business. I never signed any contract as an employee of the company I worked for and therefore no confidentiality agreement or non-compete was signed. I just started a business that is in the same industry as my previous employer. Should I even be worried about this cease and desist order? I was employed full-time.
Asked on November 15, 2017 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you have any digitial or physical property belonging to your former employer, you must return it: you are not allowed to keep the property of another, even if you never signed an agreement to return it--that's simply a basic principal of law. Without noncompetition agreement, they can't stop ou from competing, but they *can* stop you from doing so using *anything*--even electronic files or software--you received from them.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.