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The Cease And Desist Letter To Former Employee is a critical legal instrument used when a company discovers that a former employee is engaging in activities that violate their post-employment obligations under German law. This document is typically employed when there is evidence of unauthorized use of confidential information, violation of non-compete clauses, customer solicitation, or other breaches of post-employment duties. The letter must comply with German employment law principles, including the German Civil Code (BGB), Commercial Code (HGB), and Trade Secrets Act (GeschGehG). It serves both as a formal warning and as potential evidence in future legal proceedings, making it essential to include precise details of the violations, clear demands for cessation, and specific deadlines for compliance. The document should be drafted with consideration of German constitutional principles regarding occupational freedom while protecting legitimate business interests.

1. Sender Details: Full company name, address, and legal representation details of the former employer

2. Recipient Details: Full name and address of the former employee

3. Date and Reference: Current date and any relevant reference numbers

4. Subject Line: Clear indication that this is a cease and desist letter (Abmahnung/Unterlassungsaufforderung)

5. Employment Background: Brief summary of the employment relationship, including position held and employment period

6. Description of Violations: Detailed description of the specific actions or behaviors that violate post-employment obligations

7. Legal Basis: Reference to specific contractual clauses, statutory provisions, or legal obligations being violated

8. Cease and Desist Demands: Clear and specific demands for the employee to cease specific actions, with deadlines

9. Legal Consequences: Statement of legal actions that will be taken if demands are not met

10. Declaration Requirements: Request for written declaration of compliance (Unterlassungserklärung)

11. Deadline: Clear statement of deadline for response and compliance

12. Signature: Proper signature block with company representative's details