A non-compete agreement helps protect a business from unfair competition. Mississippi law requires these agreements to be reasonable in time, geography and scope to be valid.
When a former employee breaks a non-compete, the employer can take several steps to enforce it. These actions should begin as soon as the violation becomes known.
Gather evidence of the violation
The first step involves collecting clear proof that the former employee has broken the non-compete agreement. This may include documents, emails, client communications or advertisements showing the individual working for or starting a competing business. Any social media posts or website listings can also support the claim.
Send a formal cease-and-desist letter
After gathering proof, the business owner can send a formal notice to the former employee. This letter should clearly state the terms of the non-compete and explain how the employee has violated it. The letter should demand that the individual stop the competing activity immediately. Providing a deadline for compliance can add pressure to resolve the issue quickly.
Notify the new employer
If the former employee works for another company that competes with the original business, the employer can contact the new company. Informing the new employer of the non-compete agreement may cause them to take their own action, especially if the former employee did not disclose the restriction. This step may lead to a quicker resolution.
Monitor ongoing activity
Keep track of the former employee’s actions to see if they stop the competition or continue violating the agreement. Continued evidence of the breach can strengthen the employer’s position if further action becomes necessary.
Protect other business relationships
Inform existing clients or partners about the non-compete whenever relevant. This can prevent the former employee from trying to poach clients or contacts. Clear communication helps protect customer relationships and avoids misunderstandings.
Mississippi courts often support non-compete agreements that protect legitimate business interests. However, taking these early steps can help business owners discourage further violations before court intervention becomes necessary.
