Section 18 Laches

• Library: Employer-Employee Law 2008

Delay (known as laches) can sometimes be used by a former employee to establish that the employer waited to enforce the agreement knowing that a violation was occurring. Frequently, this argument is used to defend against a request for a court order to stop the conduct of the former employee. If an employer failed to quickly seek assistance from the court, the court may presume that the employer did not see the breach as significant, and it may deny an order to stop even though it may still permit a claim...