Legal Question in Business Law in New York
Cease and desist letter
Myself and 2 partners recently left a retial business to start our own interior design business. Yesterday we received a letter from an attorney representing our old employer, stating that they have information that we took customer and price lists before we left. We did not take either. They say we need to return them in 5 days or they will follow up with a civil suite. How do we respond to these false accusations? Could we counter sue for harrasment or liable?
3 Answers from Attorneys
Re: Cease and desist letter
You may respond by stating that you did not take customer and price lists. However, it seems that your old employer desires to commence an action. Probably because when you left the business evaporated and he or she needs someone to blame.
To counterclaim for liable, you must demonstrate that the action by your old employer was directed to a third party (not you and your partners).
Mike.
Re: Cease and desist letter
You should really consult an attorney to discuss the particulars of your leaving and what you are doing now. Some of your practices need to be reviewed before you can respond appropriately. I've worked for and against a number of ID firms and their vendors over the years (my wife is in the ID business, too) so I've some understanding of the specifics of the industry and its practices. Thus, I recommend a consultation with a lawyer to discuss the facts.
As for counter-suing: it is premature at this time but you may find it a good idea if things develop in certain ways.
Re: Cease and desist letter
You should sit down with an attorney for a consultation before taking any steps. I would need to discuss all the facts with you to determine what if any counter claims you may have.
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