Antioch, CA asked in Contracts, Employment Law and Business Law for California

Q: I received a cease and desist letter from my previous employer and I am wondering what I should do in regards to it?

I’m wondering if I need to respond or if I just leave it alone. When I resigned from my position my previous employer responded with retaliation and harassment. Now I’m receiving a letter. I’m not sure what to do.

4 Lawyer Answers

A: It depends on what they are asking you to cease and desist from doing.

If your former employer is asking you to cease and desist from using its trademarks, trade secrets, patents, copyrighted information, etc., you might consider consulting an attorney to help you determine if you are legally obligated to stop. Or you might consider just stopping without consulting an attorney.

Robert Kane and Tim Akpinar agree with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Receiving a cease and desist letter from your previous employer can be concerning. Here are some general steps to consider:

Read the letter carefully.

Consult with an employment attorney for guidance.

Gather relevant documents.

Craft an appropriate response with the help of your attorney.

Tim Akpinar agrees with this answer

A: As hard as it may sound, ignoring the letter is the wrong decision. I am not saying that you need to shoot off a letter to the author. I am saying never disregard such a letter. It must be analyzed. What is the motive, what are your risks? You have not provided the substance of the letter, but it must have to do with one of two things: taking client lists or competition with your former employer. What is the basis for the letter? Is there an agreement you signed or is the attorney seeking to impose upon you some extra-contractual duty to your former employer? Competition or lists. I discount the issue of TM, but that could be possible, or, if you work in tech, copyright. Irrespective, you need an attorney consultation. Seek legal advice immediately since such a letter is either sent prior to the commencement of litigation or to put you on notice of a claim that will later be brought. Send the letter to an attorney who can think three steps ahead and who can advise you on what you should be doing. Send me an email if you want to discuss this further.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Additional details would be helpful as to the nature of the cease and desist and what it involves. Since the format here doesn't enable viewing the letter and discussing background context of the matter, this may require an attorney consult. Good luck

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