Non-Compete Cease and Desist Letter Template

[Employer / Company Name]

[Street Address]

[City, State/Province, ZIP/Postal Code, Country]

Email: [Company Email Address]

Phone: [Company Phone Number]

[Date]

[Recipient Full Name]

[Recipient Street Address]

[City, State/Province, ZIP/Postal Code, Country]

Re: Cease and Desist – Breach of Non-Compete Agreement

Dear [Recipient Name],

1. Parties and Agreement Identification

This letter concerns your obligations under a non-compete agreement with:

• Employer / Company: [Employer / Company Name] (“Company”)

• Employee / Contractor: [Recipient Full Name] (“You”)

• Agreement Title: [Title of Agreement, e.g., “Employment Agreement,” “Non-Competition Agreement,” “Confidentiality and Non-Compete Agreement”]

• Agreement Date: [MM/DD/YYYY]

Employer / Company: [Employer / Company Name] (“Company”)

Employee / Contractor: [Recipient Full Name] (“You”)

Agreement Title: [Title of Agreement, e.g., “Employment Agreement,” “Non-Competition Agreement,” “Confidentiality and Non-Compete Agreement”]

Agreement Date: [MM/DD/YYYY]

Under the Agreement, you agreed to certain restrictions on competition, solicitation, and use of Company confidential information.

2. Non-Compete Obligations

Under the Agreement, you are subject to one or more of the following obligations (the “Non-Compete Obligations”):

• Non-competition within: [Geographic Area, e.g., “within a 25-mile radius of [City]”]

• Non-competition during: [Time Period, e.g., “for 12 months after termination of employment”]

• Restricted activities: [Description, e.g., “working for a direct competitor,” “owning or managing a competing business,” “providing similar services in a competing business”]

• Non-solicitation of: [Customers / clients / employees / vendors]

Non-competition within: [Geographic Area, e.g., “within a 25-mile radius of [City]”]

Non-competition during: [Time Period, e.g., “for 12 months after termination of employment”]

Restricted activities: [Description, e.g., “working for a direct competitor,” “owning or managing a competing business,” “providing similar services in a competing business”]

Non-solicitation of: [Customers / clients / employees / vendors]

Relevant sections of the Agreement include, without limitation:

• Section [__] – [Short description, e.g., “Non-Competition”]

• Section [__] – [Short description, e.g., “Non-Solicitation”]

• Section [__] – [Short description, e.g., “Confidentiality”]

Section [__] – [Short description, e.g., “Non-Competition”]

Section [__] – [Short description, e.g., “Non-Solicitation”]

Section [__] – [Short description, e.g., “Confidentiality”]

3. Description of Breach

It has come to the Company’s attention that you are engaged in activities that appear to violate the Non-Compete Obligations, including but not limited to:

• [Description of Breach 1, e.g., “Accepting employment with [Competitor Company Name] as [Job Title] on or about [Date], which operates in the same business as the Company within the restricted territory.”]

• [Description of Breach 2, e.g., “Contacting and soliciting Company customers, including [Customer Name(s)], to move their business to a competing company.”]

• [Description of Breach 3, if applicable.]

[Description of Breach 1, e.g., “Accepting employment with [Competitor Company Name] as [Job Title] on or about [Date], which operates in the same business as the Company within the restricted territory.”]

[Description of Breach 2, e.g., “Contacting and soliciting Company customers, including [Customer Name(s)], to move their business to a competing company.”]

[Description of Breach 3, if applicable.]

These actions fall within the scope of activities expressly restricted by the Agreement and are occurring within the applicable geographic and time restrictions.

4. Demand to Cease and Desist

Accordingly, you are hereby formally directed to immediately cease and desist from all activities that violate your Non-Compete Obligations, including but not limited to:

• Continuing employment or engagement in any role that competes with the Company in violation of the Agreement;

• Operating, owning, or managing any business that competes with the Company within the restricted area and time period;

• Soliciting or attempting to solicit the business of any Company customers, clients, or prospects covered by the Agreement;

• Soliciting or attempting to solicit any Company employees or contractors to leave the Company.

Continuing employment or engagement in any role that competes with the Company in violation of the Agreement;

Operating, owning, or managing any business that competes with the Company within the restricted area and time period;

Soliciting or attempting to solicit the business of any Company customers, clients, or prospects covered by the Agreement;

Soliciting or attempting to solicit any Company employees or contractors to leave the Company.

5. Required Corrective Actions

In addition to immediately ceasing all competitive and prohibited activities, the Company demands that you complete the following actions no later than [Deadline Date]:

1. Termination of Competing Activities

   • End any employment, consulting work, or business operation that violates the Non-Compete Obligations, or modify your role so that it no longer breaches the Agreement.

2. Non-Solicitation Compliance

   • Stop all direct or indirect efforts to solicit or divert Company customers, clients, employees, or other protected relationships.

3. Return of Company Property and Information (If Applicable)

   • Return to the Company all physical and electronic property, documents, and materials containing Company confidential information, including [devices, files, records, or other materials].

   • Remove and permanently delete all Company confidential information from personal devices, cloud storage, and accounts, except where retention is required by law.

4. Written Confirmation

   • Provide written confirmation to the Company that you have:

     • Ceased all competing and prohibited activities;

     • Stopped all solicitation of Company customers and employees; and

     • Returned and deleted Company property and confidential information as described above.

Termination of Competing Activities

• End any employment, consulting work, or business operation that violates the Non-Compete Obligations, or modify your role so that it no longer breaches the Agreement.

Non-Solicitation Compliance

• Stop all direct or indirect efforts to solicit or divert Company customers, clients, employees, or other protected relationships.

Return of Company Property and Information (If Applicable)

• Return to the Company all physical and electronic property, documents, and materials containing Company confidential information, including [devices, files, records, or other materials].

• Remove and permanently delete all Company confidential information from personal devices, cloud storage, and accounts, except where retention is required by law.

Return to the Company all physical and electronic property, documents, and materials containing Company confidential information, including [devices, files, records, or other materials].

Remove and permanently delete all Company confidential information from personal devices, cloud storage, and accounts, except where retention is required by law.

Written Confirmation

• Provide written confirmation to the Company that you have:

  • Ceased all competing and prohibited activities;

  • Stopped all solicitation of Company customers and employees; and

  • Returned and deleted Company property and confidential information as described above.

Provide written confirmation to the Company that you have:

• Ceased all competing and prohibited activities;

• Stopped all solicitation of Company customers and employees; and

• Returned and deleted Company property and confidential information as described above.

Ceased all competing and prohibited activities;

Stopped all solicitation of Company customers and employees; and

Returned and deleted Company property and confidential information as described above.

6. Future Compliance and Notice

The Company expects your full and ongoing compliance with the Agreement for the entire duration of the non-compete and any related restriction periods.

You are reminded that the Agreement remains in effect and that any further breach of your Non-Compete Obligations may result in the Company taking additional steps, which could include seeking court orders and other remedies available under applicable law and the Agreement.

7. Consequences of Non-Compliance

If you do not comply with the demands in this letter by [Deadline Date], the Company will consider all options available to protect its legitimate business interests, including but not limited to:

• Seeking injunctive relief to prevent further breaches;

• Pursuing claims for damages resulting from your breach of the Agreement;

• Recovering costs, including attorneys’ fees, where permitted by the Agreement or applicable law;

• Notifying your current employer or business partners of your contractual obligations, to the extent permitted by law.

Seeking injunctive relief to prevent further breaches;

Pursuing claims for damages resulting from your breach of the Agreement;

Recovering costs, including attorneys’ fees, where permitted by the Agreement or applicable law;

Notifying your current employer or business partners of your contractual obligations, to the extent permitted by law.

8. Reservation of Rights

Nothing in this letter is a complete statement of all facts or legal claims. The Company does not waive, and expressly reserves, all rights and remedies available under the Agreement, at law, and in equity, including the right to pursue further action without additional notice if your breach continues or recurs.

9. Contact for Response

Please send your written response and confirmation of the actions you have taken by [Deadline Date] to:

[Contact Name]

[Title]

[Employer / Company Name]

[Street Address]

[City, State/Province, ZIP/Postal Code, Country]

Email: [Contact Email Address]

Phone: [Contact Phone Number]

Sincerely,

[Authorized Signatory Name]

[Title]

[Employer / Company Name]

[Signature, if printed]

[Date]