Injunction threat
My former employer says he will enforce non compete and initiate an injunction. All this by email. How do i fight an injunction ? what are the due process stages before an injunction can be filed ?
1 answer | asked Nov 6, 2005 10:04 PM [EST] | applies to Pennsylvania
Answers (1)
An injunction is an early step in enforcing a noncompetition agreement.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, an injunction is an early step in enforcing a noncompetition agreement. The employer would file a complaint against you, which you must answer and which would end up in a trial within one or two years. However, after filing the complaint, the employer would file for a preliminary injunction, asking the court to prevent you from working at your new employer until the matter can be resolved at trial. The petition for a preliminary injunction would be heard within 30-60 days, and significant discovery would occur during that time.
If, at the preliminary injunction hearing, the employer is able to show that they would likely win at trial, a preliminary injunction would be entered forbidding you from working for your new employer, or for any competing employer. If your old employer is represented by competent counsel, it is likely that you would have to obtain permission for any new employment that is even close to competitive with your old employer.
Both noncompetition agreements and preliminary injunctions are complex areas of the law. I would not recommend defending yourself in such proceedings; failure would prevent you from working for 1-2 years, regardless of whether you win at trial.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Nov 7, 2005 08:16 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, an injunction is an early step in enforcing a noncompetition agreement. The employer would file a complaint against you, which you must answer and which would end up in a trial within one or two years. However, after filing the complaint, the employer would file for a preliminary injunction, asking the court to prevent you from working at your new employer until the matter can be resolved at trial. The petition for a preliminary injunction would be heard within 30-60 days, and significant discovery would occur during that time.
If, at the preliminary injunction hearing, the employer is able to show that they would likely win at trial, a preliminary injunction would be entered forbidding you from working for your new employer, or for any competing employer. If your old employer is represented by competent counsel, it is likely that you would have to obtain permission for any new employment that is even close to competitive with your old employer.
Both noncompetition agreements and preliminary injunctions are complex areas of the law. I would not recommend defending yourself in such proceedings; failure would prevent you from working for 1-2 years, regardless of whether you win at trial.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Nov 7, 2005 08:16 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers