My previous employer (left 6 weeks ago) had their lawyer send a threatening letter saying I nefariously changed my non-compete and non-solicit agreement and it was dishonest and unethical. In reality, I have been in my industry for 30 years and at this past company 10 months. I would not sign their non-compete so the CEO revised the agreement to only make the non-compete in effect while I worked there. The CEO failed to notice that the non-solicit used the same language as the non-compete (only in effect while I work there). I have all the emails back and forth between myself and the CEO and the last email from the CEO with the revised agreement. The CEO lied to their attorney and claimed I altered it. What recourse would you advise?
If you are comfortable that you are right and they are wrong, your recourse is to tell them to leave you alone. You may want to pay a lawyer to draft a response so that they are dissuaded from suing you.
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A disagreement about whether a non-compete provision existed, is applicable, or even enforceable is not uncommon in white-collar business disputes. It often spawns litigation, which can be protracted and costly. It may be worth a few hours and a modest investment to have a lawyer give you review and advice before responding to your former employer. A little effort now may save a much larger inconvenience later.
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