Sometimes employers will seek extraordinary relief in the courts against an employee or executive in the form of an injunction. By their very nature, these proceedings require a quick turnaround to prepare before such a motion is heard and argued. Usually, these proceedings, from start to finish, occur within days or weeks and certainly not months.
What is an injunction?
An injunction is an equitable remedy the court may grant in exceptional cases.
Injunctive proceedings allow the court, in exceptional cases and where the high legal test has been met, to issue appropriate orders to preserve the parties’ rights until the matter is litigated fully on its merits. Successfully arguing against an injunction can determine the entire case and render the underlying action moot.
The test for an injunction is very high, and the moving party seeking such relief has to prove its case based on the well-recognized three-prong legal test.
Usually, the motivation for bringing an injunction against an employee or executive is because there is a severe threat to the business undertaking, such as someone trying to poach the business, employees, or customers or take current or future business opportunities.
Defending Against an Injunction
As an employee or executive, you are now being sued, and your former employer has brought an injunction against you. What should you do?
Firstly, most injunctions must be brought with notice against any party where relief is being sought. If on the receiving end of an injunction, you must be served personally, and failure to do so may be fatal to an employer’s case. Once properly served, you have the right to respond and, more importantly, to be represented by your counsel.
Injunctions are usually referred to in terms of duration as either temporary or permanent.
The key to defending an injunction is that you must act quickly. This is because of the quick turnaround before the case is argued in court. This is not a time to delay – you need to retain experienced legal counsel as soon as possible. These cases tend to be very paper intensive and require supporting affidavits and written submissions on the law and recent issues. To defend an injunction properly, your lawyer must put together a record of materials and affidavits seeking to undermine or contradict the factual assertions and legal position advanced by your employer.
If you need an injunction lawyer, contact John Evans.
With 30 years of experience as a practising litigation/employment/labour lawyer, John is focused on achieving the very best results for his clients. He has fine-tuned his skills and mastered the art of persuasion. With his stellar reputation, John holds the respect of the lawyers he acts against. Smart, tactical and a particularly quick study, John is committed to exceeding his clients’ expectations.
Contact Evans Law Firm
Contact Evans Law Firm today for a free no-obligation consultation with an injunction lawyer. Sometimes time limits can bar an otherwise good claim from being advanced. Please don’t delay and contact us as soon as possible. There is no cost until John is formally retained and a written retainer agreement is in place.