A Cease And Desist Letter To Former Employee is a crucial legal tool used when a company needs to formally address and stop problematic behavior by a former employee. This document is particularly important in the Malaysian legal context, where it serves as a formal notice under the Employment Act 1955 and related legislation. It is typically used when a former employee is engaging in activities such as sharing confidential information, violating non-compete agreements, misusing company intellectual property, or breaching post-employment contractual obligations. The letter should clearly state the legal basis for the demands, specify the violations, set clear deadlines for compliance, and outline potential legal consequences under Malaysian law. This document often serves as a crucial piece of evidence if subsequent legal action becomes necessary, and its proper drafting can be decisive in achieving compliance or supporting future litigation.
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1. Sender Details: Full company name, address, and contact information of the sending organization
2. Recipient Details: Full name and last known address of the former employee
3. Date: Date of the letter
4. Subject Line: Clear indication that this is a Cease and Desist Letter
5. Employment History: Brief statement of the former employment relationship, including dates and position
6. Statement of Violations: Specific description of the prohibited activities or violations being committed by the former employee
7. Legal Basis: Reference to relevant contracts, agreements, or laws being violated
8. Demand: Clear statement of actions required from the recipient to cease the offending behavior
9. Deadline: Specific timeframe within which compliance is required
10. Consequences: Statement of legal actions that will be taken if the recipient fails to comply
11. Closing: Formal closing statement and signature block
1. Non-Admission Statement: Statement that the letter does not constitute an admission of any facts or liability - used when there might be counter-claims
2. Return of Property Demand: Section demanding return of company property - included when physical or digital assets need to be returned
3. Reservation of Rights: Statement reserving all legal rights and remedies - used in more serious cases
4. Acknowledgment Request: Request for written acknowledgment of receipt and compliance - used when formal confirmation is needed
5. Without Prejudice: Statement that the letter is without prejudice to any other rights - used when parallel legal actions might be pursued
1. Evidence of Violations: Documentation or evidence of the alleged violations
2. Relevant Contract Excerpts: Copies of relevant sections from employment contract, confidentiality agreement, or other relevant agreements
3. List of Company Property: Itemized list of company property to be returned, if applicable
4. Compliance Declaration: Template declaration for the recipient to sign confirming compliance with demands
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