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A legal action has been filed by an ex Guardian Auto Glass worker who signed a non-competition agreement with the company before accepting work with Glass America. Robert Staples signed an "Invention, Disclosure, Confidentiality and Non-Competition Agreement" with Guardian Auto Glass in November of 2010.
According to Staples' petition for declaratory judgment, he "left Guardian Glass as he became uncomfortable with certain practices of the respondent which he said to be unethical and possibly unlawful."
Staples later accepted work at a Glass America location in Fairfax, Va, which is inside a 100 mile radius of the Guardian location where he was employed. Staples and Glass America received a letter from Guardian's solicitor asking for "enforcement of the provisions of the non-competition agreement" and warning of approaching court action in Michigan.
"The cease and desist letter has had an intended chilling effect on the petitioner in that the petitioner does not want to risk a huge damage award for violating the terms of the non-competition agreement and can't afford to litigate this case in the courts of the state of Michigan, roughly 400 miles away," reads Staples petition.
Staples claims the agreement prohibited him from work in any capacity with a rival, even in a position like a cleaner or janitor. He claims that there's no effort to figure out whether the forbidden activity is the same sort of work as that done for the previous employer.
Glass America also filed a similar petition backing Staples' claims.
Guardian answered with a motion to dismiss the complaint saying that, "the court should, in the interests of justice, enter an order staying plaintiff's complaint for declaratory relief outstanding the resolution in the parallel legal proceedings before the Michigan federal district court of Mr. Staples' pending motion for a section 1404 ( a ) discretionary transfer."
Guardian's motion states that Staples filed a lawsuit on the same afternoon as Guardian's suit was filed.
"One such equitable factor that strongly lessens in favour of dismissal of a declaratory action is, where, as here, a petitioner preemptively files for declaratory relief replying to a specific threat of a later-filed state-court action on the merits. Mr. Staples obviously filed the opening action that's now before this court in Virginia Circuit Court on April four, 2012 in an effort to avoid the appliance of Michigan law, to which he contractually concluded in Nov 2010, after receiving notice that he was about to be sued in Michigan thru Guardian's April two, 2012 desist letter," reads Guardian's motion.
The Michigan court issued a "show cause order" that ordered Staples to show cause before the court as to why a preliminary injunction shouldn't be issued against him. Guardian claims that Staples didn't show up for that hearing and the court so entered an injunctive decree against Staples. This decree demands that Staples complies with the requirements listed in the non-competitive agreement, which includes returning all documents and confidential info to Guardian Auto Glass.
Guardian is demanding that the Virginia court dismiss Staples' complaint as the Michigan court already has jurisdiction over the issue. Tags: Guardian Glass, Glass America
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