Litigation, Arbitration & Dispute Resolution

Outten & Golden attorneys have the skill and experience both to protect clients from requests for injunctions against them and to help clients secure injunctions against current or former employers.

A preliminary injunction is an order by a court typically forbidding one or more parties from doing something until the case has been decided. The purpose of a preliminary injunction is to prevent substantial irreparable harm from occurring while the court decides the disputed issue. Preliminary injunctions are typically preceded by a request for a temporary restraining order and last until a final decision on the matter by a court. If the case is decided against the party that has been enjoined, then the injunction will usually be made permanent. If the case is decided in favor of the party that has been enjoined, the injunction will usually be dissolved or dismissed. Preliminary injunctions are typically time-sensitive and are heard by the Court on an urgent basis because they are sought when there is a risk of immediate harm.

Employees can find themselves defending against a preliminary injunction. For example, an employer may file a motion for a preliminary injunction against an employee whom it believes is violating or plans to violate a non-competition agreement. A preliminary injunction might prohibit the employee from working for a competitor, soliciting customers, or working within a defined area for a specific period of time. Conversely, in some cases an employee may choose to seek a preliminary injunction to stop his or her employer from enforcing or threatening to enforce a non-competition agreement. Outten & Golden lawyers have helped employees to preserve their rights with respect to injunctions.