fbpx

Injunctive Relief Explained

Injunctive relief is a technical term that means you have asked someone to stop doing something. Often, the egregious activity is something that causes you financial harm. Injunctive relief may sound very technical and complex, but it’s actually quite common. In fact, you’re probably very familiar with injunctive relief, you just don’t recognize it by that term. Here’s our explanation of injunctive relief and some common examples of it.

Types of Injunctive Relief

Injunctive Relief DefinitionThere are three main types of injunctive relief, but they all have the same goal of getting someone to cease their damaging actions. They are:

  1. Temporary restraining order
  2. Preliminary injunction
  3. Permanent injunction

With a temporary restraining order, you’re able to act quickly and see immediate results.[1] This is because temporary restraining orders are able to be granted and implemented easily. The sooner the temporary restraining order is issued, the sooner the person you’re serving will stop what he or she is doing. 

You should ask for a preliminary injunction after your temporary restraining order.[2] This is when both parties will be able to go to court and explain their points of view. A permanent injunction is the final step – a permanent request that the individual stops his or her activities.

Injunctive Relief and Non-Compete Clauses

Let’s say you have your employees sign a non-compete clause.[3] When they sign, they are promising they will not leave and work for your competitors for a certain amount of time. If you discover one of your employees quit working for you and started working for a competitor, you can file for injunctive relief and ask the person to stop – particularly if you believe this person’s employment with your competition might cause you to lose money. 

Injunctive Relief and Damaging Theft

Theft can come in a variety of forms. When it comes to business, most people think about the theft of money. The truth is, there’s so much more that can be stolen from your business than just dollars. The top three business-related thefts where you should use injunctive relief are:

  1. Stolen clients,
  2. Copied intellectual property, and
  3. One-sided decisions that aren’t in the best interest of the company.

In all three of these cases, the thief is stealing potential money from your pocket. By stealing clients, the person is stealing engaged customers. Copied intellectual property is a direct theft of your product or the process to make your product.[4]

Finally, one-sided decisions may more like bad decision making than actual theft. However, if one person’s bad decisions end up costing your company and your shareholders’ money, it is absolutely a form of theft.

Do You Need Injunctive Relief?

If you believe you or your business are suffering specifically because of someone else’s actions, you may want to file for injunctive relief. At J. Muir & Associates, our experienced business attorneys are available to answer your questions and give you more information. Give us a call today at 786-533-1100 or contact us online to find out how we can help.

 

Other Articles: