The Americans With Disabilities Act was amended, effective January 1, 2009, substantially broadening its coverage. The effect of the amendments will require employers to make reasonable accommodations for a greater percentage of their workforce.
news | Injunction Prevents Unfair Competition
Schwartz Kelly obtains an injunction to prevent unfair competition
On October 13, 2009, the Honorable Kenneth Levy, Superior Court of New Jersey, Essex County, granted Mitchell Supreme Fuel Company's request for preliminary injunctive relief. This Firm successfully convinced Judge Levy that the Noncompetition and Nondisclosure Agreement signed by the employee at the commencement of his employment was reasonable, not unduly burdensome and protected the legitimate interests of the employer. The Court found that Mitchell Supreme had demonstrated that its confidential information and goodwill were at risk by its former employee's new employment by competitor Arrow Fuel Company.
Additionally, the Court found that both the former employee and new employer Arrow Fuel Company had violated the terms of the Court's temporary restraining order (TRO) entered in June 2009. The TRO prohibited the former employee and Arrow from soliciting Mitchell Supreme's employees and customers; from using or disclosing Mitchell Supreme's confidential information; and provided that the former employee could only work for Arrow in a limited capacity. Specifically, the employee was prohibited from directly, or indirectly, engaging in HVAC installations or service. This Firm demonstrated that the former employee pervasively telephoned his former colleagues and had asked several to leave their Mitchell Supreme employment in favor of Arrow. With the assistance of a private investigator, this Firm demonstrated that both defendants violated the temporary restraining order by permitting the former employee to engage in HVAC installations and service. As a result of these violations, the Court has prohibited the employee's employment with Arrow altogether and entered an injunction preventing the employee from working for any competitor in the core counties that Mitchell Supreme serves.
View the Decision.
This Firm has substantial experience in counseling clients and litigating cases involving Noncompetition Agreements. Should you have a legal need relating to restrictive covenants, please call us at 908-735-2377 or contact us online.
10/21/2009