Legal Articles, Business
Legitimate Signature is Required for Enforcement of Non-Compete Agreement
In Stay Alert Safety Services, Inc. v. Fletcher, 2005 Conn. Super. LEXIS 1915, Mr. Christopher Fletcher began to work at United Rentals, Inc., a North Carolina company in the traffic safety and control industry, starting in February 2003. He signed an employment agreement upon accepting the job offer wherein the agreement contained a non-compete provision. According to the restrictive provisions, he was prohibited from working at a competing company located within two hundred miles for a period of two years after his termination.
Court Uses Connecticut Law to Supersede Massachusetts Law in Application of Non-Compete Agreement
In Custard Insurance Adjusters v. Nardi, 2000 Conn. Super. LEXIS 1003, Mr. Robert Nardi worked at Allied Adjustment Services’ Orange, CT office beginning in September 1982 as the vice president of marketing, overseeing the adjustment of claims for insurance companies and self-insurers. The company had Mr. Nardi sign non-compete and confidentiality agreements as a term of his employment.
Connecticut Non-Compete Prohibits Client Solicitation in Investment Services Industry
In Robert J. Reby & Co. v. Byrne, 2006 Conn. Super. LEXIS 2115, Mr. Patrick Byrne worked at Robert J. Reby & Co., a financial firm in Danbury, Connecticut, as a registered investment advisor from June 2005 to July 2005. The company advises high net worth individuals and families in the areas of trusts, wealth management, and taxation. Mr. Byrne signed an employment contract with Robert J. Reby & Co. wherein it contained a non-compete agreement that stipulated he be prohibited from soliciting the company’s clients or disclosing any of its confidential information in the event of his termination.
Policy of Enforcing Connecticut Non-Compete Agreements to Protect Employer’s Interests
Torrington Creamery, Inc. v. Davenport, 126 Conn. 515 pertains to a dispute regarding a non-compete agreement between an employer and employee in the dairy products industry in 1940. While this case is by no means recent, it is a seminal case that lays the groundwork for the policy of enforcing non-compete agreements in Connecticut on the grounds of protecting the employer’s interest. Specifically, this is one of the first Connecticut cases to address the enforceability of a company’s non-compete agreements when another company acquires it.
Connecticut Federal Court Applies Louisiana Law to Enforce Non-Compete to Protect Confidential Information
In United Rentals, Inc. v. Myers, 2003 U.S. Dist. LEXIS 25287, United Rental, Inc. was a Delaware corporation with principal business operations in Connecticut that employed Ms. Charlotte Myers in its Shreveport, Louisiana office from May 20, 2002, to March 7, 2003. She signed an employment agreement with United Rentals on her first day of work that contained non-compete and confidentiality clauses that prohibited employment for a period of twelve months at any competing company located within one hundred miles of a United Rentals location where she worked.
Court Grants Combination of Equitable & Legal Relief for Breach of Non-Compete Agreement
In Party Time Deli, Inc. v. Neylan, 2001 Conn. Super. LEXIS 2411, Mr. Michael Neylan and Mr. Robert Goldkopf entered into an agreement on November 29, 1996, wherein Mr. Neylan agreed to purchase Party Time Deli, Inc. for $110,000.00 in addition to executing a promissory note on December 1, 1996, for the amount of $35,000.00 as consideration for Mr. Goldkopf consenting to a non-compete agreement.
When is a Non-Compete Geographical Limitation Unreasonable?
In Braman Chemical Enterprise, Inc. v. Barnes, 2006 Conn. Super. LEXIS 3753, Ms. Valerie Barnes worked as an exterminator for Braman Chemical Enterprises, Inc. from November 5, 1990, to April 26, 2006. On October 24, 1990, in preparation for Ms. Barnes beginning to work, the parties executed a non-compete agreement titled “Restriction Against Other Employment After Termination of Work With Braman Chemical Enterprises, Inc.” where it stated that Ms. Barnes was prohibited from working at any branch of a pest control business within fifty miles of the Hartford City Hall for a period of six months.
Hostile Work Environments and the Faragher/Ellerth Defense
In a landmark case, the United States Supreme Court established the standard by which an employer could be held liable under Title VII of the Civil Rights Act of 1964 for the creation of a hostile work environment based on sexual harassment. By way of background, Title VII is a federal law that prohibits discrimination in employment on the basis of sex, race, color, national origin, and religion, and is applicable to employers with 15 or more employees.
Sexual Harassment in the Workplace
What may or may not constitute sexual harassment in the workplace can be a tricky subject. The Connecticut Superior Court ruled on a specific provision of Connecticut’s sexual harassment law, specifically, the provision defining sexual harassment as “any conduct of a sexual nature” when “submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.”
Labor & Employment Law – What to Consider After Losing Your Job
So you’ve lost your job. Now what? Depending on the circumstances, there are several legal issues to explore before moving on with your career. Here is a basic summary of five issues to consider.
Legal Articles Additional Disclaimer
Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.
