[Case Overview: “A Retaliatory Lawsuit Blocking a Career Move”] Client “B,” a technical professional, moved to a new company for better opportunities. Shortly after, the former employer sent a Cease and Desist letter alleging violations of a Non-compete Agreement and theft of trade secrets. The former employer even contacted B’s new office, attempting to get B terminated. The threat of a high-stakes lawsuit loomed over B’s career.
[Song Law Firm’s Professional Strategy] Our employment law team dissected the original employment contract. New Jersey courts apply a strict “Reasonableness Test” to non-compete clauses, often striking them down if they overly restrict a worker’s livelihood. While building a defense against the trade secret claims, we discovered that the former employer had willfully withheld B’s final month’s salary and commissions. We pivoted to a counter-attack strategy under the NJ Wage Payment Law, which allows for liquidated damages (penalties) against employers who withhold wages.
[Result & Significance] Realizing their non-compete clause was legally shaky and facing significant liability for wage theft, the former employer dropped all legal plans. Client B not only secured a full release from the lawsuit but also received 100% of the unpaid wages, successfully protecting their new career path.
[Contact Information]
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KakaoTalk Channel: Song Law Firm
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Phone: 201-461-0031
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Email: mail@songlawfirm.com
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Website: www.songlawfirm.com
[Disclaimer] The information provided is for general informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Please consult with an attorney for your specific situation.
