Temporary Injunctive Relief from Former Employee Started by kingofthehill , Sep 20 2013 04:37 PM Please log in to reply 4 replies to this topic Posted 20 September 2013 - 04:37 PM Good Evening,
I have a surprisingly simple question that I just cannot seem to find an answer to. How do I file an injunction for a non-compete violation? Here is some background info:
I am an employer in Florida and one of my employees recently left for a position at a competitor. This employee had worked for my company for six months and was privy to a lot of confidential information, from our proprietary software to customer contracts and vendors. When hired, a lengthy employment contract was signed which of course included covenants about non-compete, non-solicitation, confidential information, etc.
Well, despite my best hopes, it appears that less than a week after starting the new position this employee began violating the agreement. I have signed affidavits from several customers and vendors that were contacted by this employee and solicited to move their business.
So, long story short, I am confident that I can show that this employee knowingly violated the statutory framework necessary to have a court order a temporary injunctive to stop the flow of information. Despite the fact that I have successfully represented myself and my company in civil cases, I have never filed an injunction and have no clue as to where to start. Based on my research it seems that it would be considered a civil matter but I have been unable to locate any forms or requests for an injunction. So, how do I do it?
While I greatly appreciate feedback and advice please don't tell me to see out the advice of a lawyer. I'm fairly certain that I will, but I would like to get the ball rolling as fast as possible. I'm confident that I can prove the elements necessary to at least achieve the injunction...if I can figure how to file one. 16,007 posts Posted 20 September 2013 - 09:52 PM A quick look at the Florida statutes tells me that Circuit Courts in Florida have exclusive jurisdiction to hear cases in equity. A request for injunctive relief is an action in equity, and thus if you want to sue for an injunction it would appear that you need to file that in the proper Circuit Court. There isn?t a form for that. You need to know how to properly draft from scratch pleadings (in this case the complaint) to meet the pleading rules for the court in which your complaint will be filed. If you don?t know how to do that, I strongly recommend that you hire an attorney to litigate this for you. Pro se parties typically do not do well outside small claims court because they do not know the rules of procedure and evidence and get themselves tripped up as a result.
Note, too, that if your business is organized as a corporation, LLC, etc., then you must have a lawyer represent the business entity in Circuit Court. Even though you are an owner of the business, since corporations, LLCs, etc., are separate persons under the law, you cannot represent these entities in court unless you are an attorney. The one exception to that rule in Florida (like a number of states) is for actions filed in small claims court. In small claims court, an employee of a corporation or LLC may represent the entity. But small claims court is part of County Court and thus does not original site have the power to hear injunction cases.
I do not practice in Florida so you will want to verify this information with a Florida civil litigation attorney. 57,723 posts Posted 24 September 2013 - 01:08 PM As for the original poster, nowhere in that post do you bother to mention that you've contacted the former employee about this (or even had a lawyer write a letter telling them to knock it off), so I find it odd that you're leaping to the notion of filing suit. Such a suit wouldn't be a good DIY project at any rate. I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/227530-temporary-injunctive-relief-from-former-employee/