Temporary Restraining Orders

Once an employer becomes suspicious that former employees are acting wrongfully, employers often consider seeking injunctive relief ex parte or prior to providing notice to the employee. Significant hurdles must be overcome, however, before a party can obtain a temporary restraining order ex parte. Under the Colorado and federal rules, a court may issue

American Family’s efforts to obtain a temporary restraining order against a former employee recently were rebuffed when Judge Krieger from the federal district court ruled that American Family had failed to sustain its burden.  

In American Family v. Gustafson, 2008 WL 5377969, American Family alleged that a former agent had retained customer lists and other information