A temporary restraining order (TRO) is a court order that preserves the status quo until the court can decide on a party’s application for a preliminary injunction or permanent injunction. An injunction is a court order prohibiting a party from taking certain actions, or commanding a party to take certain actions. A party seeking a TRO can do so on an ex parte basis, meaning that the party can ask the judge to grant the TRO without notifying the opposing party in advance. A TRO usually lasts until the court decides whether or not to grant the preliminary or permanent injunction.
In the employment context, employers often file applications for TROs and preliminary injunctions to enforce restrictive covenants, such as non-compete clauses, non-solicitation clauses, and confidentiality agreements against departing employees.
Outten & Golden attorneys have experience negotiating on behalf of employees to avoid temporary restraining orders (TROs) and injunctions against them and have successfully defended employees whose employers have sought to obtain TROs and injunctions against them.