Can a Cease and Desist Address Violations of Non-Compete Agreements?

 Posted on November 23, 2025 in Business Law

A non-compete agreement (Section 542.335, Fla.Stat) is a legal contract between an employer and an employee that restricts the employee from engaging in certain competitive activities after leaving the company. These agreements are commonly used to protect a company's trade secrets, confidential information, and client relationships. However, there are instances in which employees may violate these agreements by working for a competitor or starting a competing business.

In such cases, employers often turn to cease-and-desist letters as a first step to address violations of non-compete agreements. A cease-and-desist letter is a formal written notice sent to the person who has allegedly violated the agreement, demanding that they immediately stop engaging in the prohibited activities. A Broward County business and commercial law attorney with experience addressing these issues can ensure that cease-and-desist letters meet all applicable legal requirements and provide representation in litigation to address ongoing violations by former employees.

The Purpose of Cease-and-Desist Letters

Cease-and-desist letters serve several purposes when it comes to addressing violations of non-compete agreements:

• Notification: The letter serves as official notification to the former employee that they have breached their contractual obligations.
• Demand for compliance: The letter demands that the person immediately cease any further violations of the non-compete agreement.
• Evidence preservation: The letter creates evidence that an employer took reasonable steps to address the violation before pursuing legal action.

Sending a cease-and-desist letter informs the individual that his or her conduct is being monitored and may violate the contract. It can be an effective way for employers to resolve disputes without resorting to costly litigation. In many cases, receiving such a letter can prompt former employees to reconsider their actions due to potential legal consequences.

Courts generally favor an employer who attempts a pre-litigation, proportionate remedy, and many employees will stop the violation once formally notified. If the employee ignores the letter, it can be powerful evidence of willful misconduct.

The Contents of Cease-and-Desist Letters

To ensure effectiveness, it is important for cease-and-desist letters addressing violations of non-compete agreements to include specific information:

• Identification: The letter should clearly identify the parties involved, including the employer and the employee who allegedly violated the non-compete agreement.
• Description of violation: The letter should outline in detail how the person has breached their contractual obligations, providing specific examples if possible.
• Demand for compliance: The letter must clearly state that the person is required to immediately cease engaging in any activities that violate the non-compete agreement.
• Consequences of non-compliance: The letter should inform the recipient of potential legal consequences if they fail to comply with the demands outlined in the letter.

In addition to these key elements, a cease-and-desist letter must be drafted professionally and without any threatening language. A well-crafted letter can convey the seriousness of enforcing an employer’s rights while maintaining a professional tone. Cease-and-desist letters are most effective when there are clear, documented violations of a non-compete clause, an agreement with strong compliance language, or an employee who is not yet deep into the violation.

Examples of documented violations could include a former salesperson contacting a former employer’s active clients, an ex-employee opening a business within a restricted radius, or a worker using proprietary materials or trade secrets. Contracts that include injunctive relief clauses, attorney’s fees provisions, non-solicitation terms, and confidentiality protections will carry more weight. For employees who are not yet deeply involved in a violation, early intervention increases the likelihood of quick compliance.

The Effectiveness of Cease-and-Desist Letters

Sending a cease-and-desist letter does not guarantee immediate compliance or a resolution. However, it can have several positive outcomes:

• The recipient may realize they have indeed violated their non-compete agreement and choose to voluntarily rectify their actions.
• The recipient may seek legal advice upon receiving such a notice, leading them to reconsider continuing their prohibited activities due to potential legal consequences.
• If litigation becomes necessary, having sent a cease-and-desist letter demonstrates that an employer made reasonable efforts to resolve the dispute before resorting to court action. This can strengthen their position during legal proceedings.

When a Cease-and-Desist Letter May Not Be Enough

Even a well-written cease-and-desist letter may not be sufficient if the employee has already joined a competitor in violation of the agreement, especially if the employee was recruited or financially incentivized to compete.  The employee may deny any wrongdoing, and disputes regarding geography, client lists, or "active solicitation" are likely to require court intervention.  

Suppose the restrictive covenant is weak or potentially unenforceable due to an overly broad geographic scope, unreasonable duration, or restrictions that exceed legitimate business needs. In that case, a cease-and-desist letter is unlikely to cure the violations.  Finally, if the competitor is actively encouraging or facilitating the violation, employers may need to seek injunctions or file lawsuits to stop the damage.   

What Happens if a Cease-and-Desist Letter is Ignored?

If the employee fails to comply, the employer can escalate to a demand for mediation or pre-suit negotiations. Some agreements will require mediation before filing. Florida courts will issue a temporary injunction or temporary restraining order to stop immediate harm when the non-compete is enforceable, the employee is actively competing, or the employer shows irreparable harm.

In some instances, a full lawsuit for breach of contract must be filed, where an employer can seek monetary damages, attorney’s fees, and orders preventing continued competition. If a competitor who is the employee’s new employer is knowingly inducing the violation, a claim for tortious interference can be filed.  

Benefits vs. Risks of a Cease-and-Desist Letter

It should be noted that most employees are not subject to enforceable non-compete clauses that would benefit from a cease-and-desist; however, there are certain situations where they can be very beneficial. While cease-and-desist letters can help your case, they must be handled carefully. They can show good faith, create a written record, and often stop violations without litigation.

Risks include the possibility that an overly aggressive letter may trigger retaliation, that a poorly drafted letter could undermine future legal arguments, or that misstating legal rights could weaken the company's position. A cease-and-desist letter should always be drafted with legal precision by a knowledgeable attorney.

Contact Our Oakland Park Business Litigation Attorney

If you believe a former employee has violated a non-compete agreement, it is crucial to consult with an experienced attorney who can advise you of your options. At The Elliot Legal Group, P.A., our Broward County employment litigation lawyer can guide you through the process of sending a cease and desist letter, and we can advise you on the best course of action based on your specific circumstances. Attorney Elliot also practices international business law and is a licensed solicitor in both England and Wales. To ensure your non-compete matters are addressed correctly, call 754-332-2101 and schedule a consultation today.