Non-competes

Sep
05

National Staffing Solutions Sues Former Employee Under Computer Fraud Statute

Lawsuit alleges former nurse recruiter stole candidate database after loading computer sharing software National Staffing Solutions has filed an unusual data theft lawsuit in Florida (Complaint attached). While data theft cases are not uncommon, it is rare to see one that seems to fit the requirements for relief under the
2 min read
Aug
16

BIOPOINT VS CATAPULT SOLUTIONS GROUP: NONCOMPETE CASE OF THE YEAR

Inside job yields a $5,061,444 damage award - ruling pending on $2,503,457 attorneys' fee claim I see a big one like this every couple of years. The largest damage awards in unfair competition cases usually involve some form of trade secret misappropriation, and this one is
3 min read
Jul
27

Update on Massive Non-Compete Damage Award

Last year I wrote a story about a huge damage award in a staffing firm noncompete case.  Specifically, on September 15, 2022, a Texas Federal Judge ruled that international legal search recruiter Evan P. Jowers is liable to his former employer for misappropriating trade secrets and violating his non-competition agreement.
2 min read
Jun
07

Minnesota Bans Non-Competes, Part 2

Don't forget contracts of temporary workers and independent contractors (and employee handbooks) As I reported in my last post, Minnesota has banned non-compete agreements prospectively, effective July 1, 2023. This means that agreements signed on or after that date must not contain provisions that prevent employees and independent contractor workers
2 min read
Jun
02

Minnesota Bans Non-Competes

Minnesota Governor Tim Walz just signed a law banning noncompete agreements in the state. Unlike restrictions in some other states, the ban is not limited in scope to certain wage groups or occupations. It is universal, the only exception applying to business owners when the business is sold.
1 min read
May
08

Hayes Medical Staffing Sues Jobot and Former Employees

Hayes Medical Staffing has filed a lawsuit in U.S. District Court for the Southern District of Florida against former employees Amy Eichelberg, Allison Patierno, and Scott Simon, as well as their new employer, Jobot LLC. The complaint (attached below) contains claims for breach of contract, misappropriation of trade secrets,
2 min read
Apr
27

Noncompete Update

2 min read
Jan
10

The Federal Trade Commission’s Proposed Non-Compete Ban and the Staffing Industry

By Bill Josey, Editor, Staffing Legal News - 11 Jan 2023 Background On January 5, 2023, the Federal Trade Commission published a proposed regulation flatly banning all employee noncompete agreements, defined as any agreement that expressly or functionally “prevents the worker from seeking or accepting employment with a person, or
3 min read
Dec
13

Another Tempnapping in Progress

In October I wrote about a temp transfer case in Ohio in which Surge Staffing alleged that a former employee, working with a competitor, pulled off a switch of 10 temps on assignment to the competitor's payroll, presumably with the client's cooperation.
3 min read
Oct
13

MWK v. Jowers Update: More Action as Predicted

2 min read