Q: Terminated from job; no cause. Now cease and desist letter from employer saying no contact - legal?
I was Activities Director at an assisted living facility. I was terminated last year for a reason that was never explained to me. I just received a certified letter from my former manager entitled: "NOTICE: CEASE AND DESIST PERSONAL CONTACT RESIDENTS". It says I'm to have no contact with residents of the facility, even though I have personal relationships with several of them and have seen them on facility property since I was terminated. It says also that "any future contact with Community residents will cause the company to take immediate legal action against you". Is this a legally binding order, or just a threat that they could seek a judge's order for no contact. In any case, are there any legal grounds for a no contact order? Why shouldn't I be free to see whom I want to see?
A: This isn't legally binding. This is a notice that if you continue to see the residents at the property they may bring legal action against you. If they are serious about this it is likely that there is a clause in your contract that bars you from continuing contact with the families or residents at your previous place at work. This could be done to prevent you from competing with the facility or persuading residents to stay at another assisted living facility.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
