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Austin Employment Cease and Desist Lawyer

Austin Cease and Desist Lawyer

What is a cease and desist letter?

A cease and desist letter is a warning letter. The letter warns the recipient that they are engaging in what the author considers illegal behavior and penalties could occur if it continues. Companies send these letters to former employees to put them on notice that they may be violating non-compete Agreements, non-solicit agreements, no-raid provisions, or otherwise interfering with customer relations or other similar charges. Cease and desist letters are not required by law in most circumstances but companies tend to send them before taking legal action in cases like non-compete violations.

What is a cease and desist order?

While the names are very similar, a cease and desist order is very different from a cease and desist letter. Judges enter cease and desist orders and, unlike letters, they have legal force. These are usually called temporary injunctions, preliminary injunctions, or temporary restraining orders. An injunction or Texas restraining order means that the recipient must stop the restricted behavior until a trial is held. A trial could lead to a permanent injunction, which restricts the behavior for a longer period.

When are cease and desists used?

Various situations maybwarrant cease and desists. Some of these include:

What does a cease and desist letter include?

Letters typically include the following:

If the letter is for harassment, it may include:

When do people send send a cease and desist?

A cease and desist is used as a formal warning to someone to stop what they are doing. This is usually the first step in a longer legal process. Sending a cease and desist letter is a quicker option than beginning legal proceedings.

Can anyone send a cease and desist?

In short, yes. However, sending a cease and desist under the wrong circumstances can lead to further legal issues.

What is the point of a cease and desist?

It mainly serves as a formality. It shows the sender took the necessary steps to try to stop the recipient’s behavior without court intervention. The letter shows that the sender informed the recipient that their behavior is offensive. This means the recipient cannot claim that they were unaware that what they were doing was allegedly wrong.

I received a cease and desist from my former employer, what do I do?

If you have received a cease and desist, you should neither ignore the letter nor respond without first consulting an Austin cease and desist attorney. An attorney can assess the cease and desist and figure out if the claims are legitimate. The attorney can then help you move forward in the process by issuing a response. Handling the situation on your own without consulting business and corporate lawyers could lead to consequences for you including being held liable for opposing attorney’s fees or far worse.

My previous boss sent me a cease and desist, can I rant about it on Twitter?

That is not recommended. Anything you post online is potentially admissible in court. The last thing you want is your tweets or statuses used against you in court. You should not discuss the cease and desist with anyone except your attorney.

Once I contact an attorney, what will he/she do?

The attorney will review the cease and desist and figure out how best to move forward. If the attorney finds that the claims are unfounded, he/she may recommend steps up to and including filing a preemptive suit. A preemptive suit would ask the court to declare these claims unfounded, allow you work, and to legally prevent the sender from issuing anymore cease and desists toward you, the recipient. If the attorney does find the allegations legitimate, he/she may give you, the recipient, advice on how to avoid risk-creating behavior in order to avoid further legal action.

I received a cease and desist, does this mean I am being sued?

Not necessarily. A cease and desist is a warning sign issued by the sender. The cease and desist is telling the recipient if they do not stop their allegedly illegal behavior, further legal action will be taken. While it should not be taken lightly, you should also not panic if you receive one. The best thing to do is contact a Central Texas cease and desist lawyer to understand the cease and desist and figure out a plan going forward.

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Client Testimonials

Austin Kaplan is a highly qualified attorney. Austin helped recover my unpaid wages from my employer after they gave me the run around for several months. After Austin got involved, it only took one week to recover my unpaid wages. Austin is a trustworthy and I was extremely satisfied with his representation.

— L.V., Unpaid Wages

The firm was very quick to help and thoroughly understood my issues. They provided sound, timely advice and helped me achieve a fair settlement.

— Jeff Q.

I was referred to Austin Kaplan by another attorney, which told me they had a solid peer-rating.  Austin met with me immediately, during a very stressful time.  Hi disarming style made the meeting very comfortable and created an environment to be productive and achieve restitution for my situation (Negotiated severance).  I have since had legal questions and Austin was quick to respond and assist.  Most folks only need attorney’s at stressful times, so knowing someone is there, who knows the law and is in your corner is crucial to making good decisions.

— John S.

Mr. Kaplan is highly professional and provided me with a great deal of confidence regarding my employment issue.  I highly recommend him.

— Tim K.

I had the most positive experience working with Austin Kaplan. He was extremely knowledgeable and took care of us from start to finish. He will go above and beyond making sure you understand all the aspects of your case. Extremely professional, well versed in employment law, and overall excellent attorney! Highly recommend him!

— Clint H.

I would like to personally thank Austin and his staff in handling my first time attorney experience. Him and his staff were very polite and very professional. He really took the time to explain everything which made me feel like he really cared. He responded to every email that I had questions and concerns and I got answers. Thankful I had Austin in my corner. Thank you once again for doing an amazing job. I would highly recommend Austin and his team.

— Jenevieve S.

Austin helped out my dad on a employment matter. Within a short time Austin got results and my dad was very happy with the outcome. Austin knows what he is doing I couldn’t recommend him any more.

— Pedro V.

Austin was impressive and able to accomplish the results in my case. Like me, he is goal oriented, and his approach to my case was not only efficient but extremely effective. If you are looking for a lawyer that will provide personalized attention and help you accomplish your goals efficiently, I highly recommend Austin.

— Richard, Unpaid Overtime (FLSA) / Retaliation

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