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Cease And Desist Letter To Former Employee Template for Malaysia

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Key Requirements PROMPT example:

Cease And Desist Letter To Former Employee

"I need a Cease and Desist Letter to Former Employee under Malaysian law for a senior software developer who left our company in January 2025 and is now using our proprietary code at his new startup; we need immediate action as we've documented evidence of the code theft."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















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Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Professional Services

Retail

Education

Telecommunications

Consumer Goods

Industrial

Media and Entertainment

Pharmaceuticals

Consulting

Real Estate

Energy

Relevant Teams

Legal

Human Resources

Compliance

Risk Management

Executive Leadership

Corporate Governance

Information Security

Intellectual Property

Operations Management

Corporate Affairs

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Compliance Officer

Risk Manager

Department Manager

Business Unit Head

Operations Director

Chief Information Officer

Chief Technology Officer

Chief Financial Officer

Security Manager

Intellectual Property Manager

Company Secretary

General Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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