QUESTION
Got a Cease and desist letter asking for damages and warning about suit
Asked on Feb 20th, 2015 on Employment Contracts - New Jersey
More details to this question:
I had signed a consultant agreement with a company which had the clauses "Consultant agrees that he will appear for the Interview and join the Project on the Specified Date if confirmed by the Client. XXX Company makes the aforementioned commitments to the clients on Consultant's behalf, and it is Consultant's contractual responsibility to uphold this commitment. " "Consultant hereby agrees that any breach of the obligations specified herein, will lead to severe losses for XXX Company and hence agrees that XXX Company is entitled to initiate legal action in the event of such breach, such legal action to include and not be limited to injunctive or equitable remedies or actions for specific performance in the relevant court of law." I did take an interview , cleared the interview . But I never accepted the job in writing as I never received any offer letter with compensation details nor I was Ok with relocation to the particular city. Got a Notice asking for damages . What to do ?
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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New Jersey courts do not favor restrictions on employment and non-compete clauses. To properly answer your question, I would need to be with you the contract that you signed with the consultant. We would then determine how this contract interacts with the contract that the consultant as with the potential employer. My sense is that your problem lies with the consulting agreement. In addition, please send us via email a timeline of what occurred from the beginning of the contract through this problem. I will immediately review both the timeline and the consulting agreement. Please call to discuss.
Answered on Feb 23rd, 2015 at 4:57 AM