The Cease And Desist Letter To New Employer is a critical legal instrument used in Swiss business contexts when a company discovers that a former employee's new employment arrangement potentially violates existing contractual obligations or threatens legitimate business interests. This document is typically employed when there are concerns about non-compete violations, misuse of confidential information, or potential infringement of intellectual property rights. Under Swiss law, particularly the Code of Obligations (OR) Articles 340-340c, employers have specific rights regarding post-employment restrictions. The letter serves as a formal notice and demand, often preceding legal action, and must comply with Swiss legal requirements regarding form and content. It's particularly crucial in cases involving senior employees, technical experts, or those with access to sensitive business information.
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1. Sender and Recipient Details: Full legal names and addresses of the sending company and the recipient company
2. Subject Line: Clear identification of the matter as a Cease and Desist regarding [Former Employee Name]
3. Factual Background: Brief description of the former employee's role, relevant contractual obligations, and the circumstances leading to current situation
4. Legal Basis: Citation of relevant legal provisions and contractual obligations (non-compete, confidentiality, etc.)
5. Specific Violations: Clear articulation of how the new employment relationship violates legal/contractual obligations
6. Demands: Specific actions required from the recipient, including timeframes for compliance
7. Legal Consequences: Clear statement of legal actions that will be taken if demands are not met
8. Response Timeline: Deadline for response and preferred method of communication
1. Prior Communications: Reference to any previous correspondence or attempts to resolve the matter, used when there has been prior contact
2. Urgent Notice: Special section highlighting immediate action required, used in time-sensitive situations
3. Reservation of Rights: Express reservation of additional legal rights and remedies, used in complex cases
4. Settlement Openness: Statement of willingness to discuss alternative solutions, used when there's room for negotiation
5. Industry-Specific Concerns: Details of specific industry regulations or sensitive information, used in regulated industries
1. Employment Contract Excerpts: Relevant sections from the former employee's employment contract
2. Non-Compete Agreement: Copy of the specific non-compete or confidentiality agreements
3. Evidence of Violation: Documentation proving the alleged violations (if available)
4. Prior Correspondence: Copies of any relevant previous communications
5. Power of Attorney: If the letter is sent by legal representation, authorization to act on behalf of the company
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