I have received a cease and desist letter from my old employer. What should I do?
Firstly, please don’t ignore it. It is an important letter from your former employer setting out allegations of unlawful activity. It requires you to read and respond and where necessary to explain or possibly change your course of action. The letter is designed to allow the recipient to modify behaviour and provide an explanation. They are sent before formal legal action and they exist as a route to solve problems and to avoid litigation.
Your cease and desist letter might contain allegations about alleged misuse of confidential information belonging to your former employer, or allegations about alleged breach of restrictive covenants. The letter might say that you have been working for a competitor or interfering with supplier relationships or making approaches to clients or employees to encourage them to work with you at your new company.
The letter might make you feel angry or uncomfortable. Whatever you think or feel, please take action. A sensible response in good time can be a swift and efficient way of resolving a dispute and improving understanding at an early stage.
You should seek legal advice as soon as possible. Ignoring the letter only increases the chances of court proceedings being issued against you and costly litigation.
Rebecca Dennis, Barrister 16 April 2025