Workplace Injunction Order

When is it a real threat or just a scare tactic

When is it a real threat or just a scare tactic

Here is what you need to know about workplace injunction orders.

What is a workplace injunction order?

A workplace injunction order is a court order that prevents a person or company from engaging in a particular act.

When are workplace injunction orders used by employers?

Your former employer may threaten to pursue an injunction against you after you resign, or even sometimes in the event of dismissal. Employers may use this as a tactic to scare you and your new employer from harming their business. While it can be difficult to obtain an injunction, the threat of it can be quite effective.

Why are workplace injunction orders used by employers?

Your employer may bring a workplace injunction order to prevent you and your new employer from:

  • contacting your former employer’s customers, clients, and employees

  • using your former employer’s confidential business information
  • competing with your former employer (e.g., making a bid for the same project)
  • making defamatory comments about your former employer, or their products, quality of service, etc.

How can your employer obtain an injunction order?

To obtain an injunction, your former employer must show that you had some obligation towards them which you are violating. Your obligation is usually articulated as a clause in your employment contract. In limited situations, your employer may be able to obtain an injunction on the basis that you were a “fiduciary”, which is a type of employee who owes duties of confidentiality and loyalty to their former employer even without an employment agreement.

Because it is such a serious remedy, obtaining an injunction is not easy. Your employer must convince the court that not granting an injunction will cause irreparable harm to their business, among other difficult thresholds.


How can Whitten & Lublin help you?

Whitten & Lublin Employment & Labour Lawyers have handled countless claims of injunctions. Our lawyers can identify when the threat of an injunction is merely strategic and when that risk is real. The strength of an injunction request is usually based upon the strength of a non-solicit or non-compete clause and the evidence as to whether it is being violated or not. Knowing when the evidence is going to hold up makes the difference. Let the employment lawyers at Whitten & Lublin help you understand your options and lay out specific strategies for your situation.

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In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact us to learn how we can help you understand and resolve your workplace legal matter.

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