Legal Question in Employment Law in Tennessee

temporary injunction case, hearing only affidavits

I am being sued by a former employer for violation of a noncompete agreement. I received a letter today from the court that a hearing will be held on april 16th at 9:00 AM. A hand wriiten note a the bottom of the Order states that the''hearing shall be conducted based on affidavits; no oral ''Proof?'' shall be heard.

This is the first court action. the plaintiff is seeking a ''temporary injunction''. I do not have counsel and since the allegations against be are false, I plan to go to court myself. What does it mean that affidavits only, no oral will be used and what is the normal procedure in a situation such as this. Does the chancellor simply take the affidavits, read them and make a decision at that time, or do they take the documents and then make a decision at a later time. Also, what about appeal if the decision goes against me.

Thanks


Asked on 4/06/01, 6:39 pm

2 Answers from Attorneys

Holland McKinnie T. Holland McKinnie, PC

Re: temporary injunction case, hearing only affidavits

Of course, this comes too late to help with your 4/16 hearing, but as you have probably since discovered, the best and only advice I could give you would be to consult with a competent attorney immediately. It is impossible from the facts you provided to determine exactly what type of restraining order or injunction was being sought against you. Depending entirely upon which county your case is in and which judge you are in front of, the "affidavits only" instruction could mean a number of things. Further, your non-compete agreement may or may not have language consenting (to some degree) to an injunction. For the same reason you would not attempt to set your own broken bone, this is definitely and without doubt an area where the advice of a legal professional is essential.

Read more
Answered on 6/06/01, 2:59 pm
James R. Becker, Jr. Becker Law Firm

Re: temporary injunction case, hearing only affidavits

Obviously with a 4/16 hearing this advice comes too late, but this an area where you really need to have an attorney present at this type of hearing to represent you. Even if the allegations are false, that must be proven in accordance with the rules of evidence. Since this involves your livelihood it is essential to exhaust every means available to protect it. I've been involved in a number of preliminary injunction/TRO hearings on noncompetition agreements from both sides and the notation on the bottom of your summons can mean a number of things. Hopefully, your hearing did not go badly. If the case is still alive, you probably would not be disserved by contacting a competent labor and employment law attorney to assist you throughout the remainder of the case.

Read more
Answered on 6/06/01, 4:49 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Tennessee