An employer threatening to or serving you with injunction proceedings needs to be dealt with urgently to avoid exposure to potentially substantial costs. You are often given very little time to respond. It is vital to seek advice immediately – it is very easy to say something that will make matters worse which may result in serious financial consequences for you.
Our client joined a competing business and received a threatening letter informing him that he was in breach of his termination restrictions and giving him 3 days to respond or he would face injunction proceedings. We advised him that the non-compete clause and the post termination restrictions were unenforceable and sent a suitably worded response to the other side. The matter ended there.
Our client was served with a High Court Search and Preservation Order alleging that he had taken confidential information belonging to his former employer. He had 2 hours to seek advice before all electronic devices were seized from his home. High Court proceedings were issued against him for breach of contract and the tort of conspiracy. We supported our client throughout the proceedings and devised a strategy that achieved a satisfactory outcome for him.
Our client started working for a company providing similar services to her old employer. She received a legal letter accusing her of using confidential information and breaching her post termination restrictions for the benefit of her new employer and threatening injunctive action. Her former employer had viewed her LinkedIn account and claimed that she was soliciting clients via her LinkedIn account. On examination of her contract we were able to reassure her that she had done nothing wrong. No action was taken against her.
