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    10Butterflies's Avatar
    10Butterflies Posts: 1, Reputation: 1
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    #1

    Sep 20, 2014, 01:41 PM
    How to respond to previous employers cease and desist letter
    I was recently laid off from my employer after 19 years. I contacted some of my accounts since I have such a lengthy history with some of them to make them aware of my departure, but at no time did I try to influence their continuing support of my previous employer. I have now received a cease and desist letter from my previous employer's attorney as it regards to defamation. I found out that some of my accounts have decided not to continue their business relationships with my previous employer, but I do not know the basis for those decisions. I do not know if my absence had any merit in their decisions, and at no time did I try to influence them to dissolve their business relationships with my previous employer. I do not know if this letter is legally binding or if I should respond to it at all. I have not been in contact with anyone from my previous employer or their business affiliates since my lay off. Any advice?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Sep 20, 2014, 01:53 PM
    This will probably fall into the 'conflict of interest' category.

    You should not have contacted clients of your enployer for continuing interest. You should 'desist' from this endeavour unless you want to find an attorney to continue.

    Look for another job.

    Previious clients probably did not want to continue, or have anything to do with you, or your assertions.

    Why you were terminated, you don't say, probably has a lot to do with this. You cant badmouth a previous employer with existing clients and expect not to suffer some retribution.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Sep 20, 2014, 02:51 PM
    Either you don't respond or respond with a letter stating you will not initiate contact with any customers of your former employer. In either case, you should comply with the letter or risk being dragged into court.

    You don't state the nature of your job, but it was not up to you to inform clients you were no longer with the firm. Either the firm would send out notice to all your accounts or all calls to you would be referred to someone to handle. No matter how innocuous your calls, it was a breach of ethics to make them. So whatever you do, you need to comply with the letter. Even if a client contacts you, refer them back to your former employer.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Sep 20, 2014, 05:05 PM
    I have now received a cease and desist letter from my previous employer's attorney as it regards to defamation.
    Does the letter indicate what you are supposed to have said or written which they claim is defamatory?

    I do not know if this letter is legally binding or if I should respond to it at all.
    By "legally binding", they have put you on notice that (if you have done something wrong, they may sue you should you continue doing it. That's the only way that it could be considered "legally binding".

    No, there is no need to respond.

    The first part of your post had me thinking they are claiming you violated some sort of non-competition clause, but you have written nothing in your post which actually indicates you have signed a non-competition agreement. If not, they cannot restrain you from seeking to do business with your former employer's customers, if that is what you are getting at.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Sep 21, 2014, 05:53 AM
    What are you suppose to cease?

    If you are suppose to cease contacting, your former clients, then do so.

    If your calling them, makes them stop using the company, hope you are not sued.

    You should not have contacted them, and this can cause serious trouble in finding a new position.

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