Cease and Desist Letter to Former Employee (Breach of Confidentiality, Fiduciary Duty, Trade Secrets)

This precedent is an example of a cease and desist letter that can be sent to a former employee who has breached their duty of confidentiality, fiduciary duty and/or misappropriated trade secrets of their former employer. This is an example of a cease and desist letter that employer counsel can send when a client's former employee has breached their duty of confidentiality, fiduciary duty and/or misappropriated trade secrets from the client. The purpose of this letter is to put the former employee and/or his or her employer on notice that the employer is aware of the breach, is taking the breach seriously, is demanding that the breach stop immediately and is considering legal action. For information on confidentiality and non-disclosure agreements, see the Confidentiality and Non-Disclosure Agreements Resource Kit. For information on the tasks of a first year associate practicing employment law, see the First Year Associate Resource Kit: Employment (Canada).