Seder & Chandler Attorneys Prevail in Enforcement of Employment Non-Compete.

Kurt Binder and James Vevone recently prevailed in a seven-day bench trial in Worcester Superior Court in which the firm’s client, a manufacturer of locking devices for the utility industry, was seeking to enforce a non-compete and non-disclosure agreement with one of its former sales employees. The employee attempted to argue that the agreement was unenforceable because (1) the agreement was signed subsequent to the commencement of his employment and (2) there were no trade secrets or confidential information in the possession of the employee. However, the Court issued a 40-page ruling rejecting the employee’s arguments and enforcing the non-compete agreement concluding that the employee had breached his contractual obligations, as well as his fiduciary duty of loyalty to his employer. The Court further allowed our client to proceed with its damage claims against the employee.