A legal action has been filed by an ex Guardian Auto Glass worker who agreed a non-competition agreement with the company before accepting employment with Glass America. Robert Staples signed an "Invention, Discovery, Confidentiality and Non-Competition Agreement" with Guardian Auto Glass in November of 2010.
According to Staples' petition for declaratory judgment, he "left Guardian Glass because he became more uncomfortable with certain practices of the respondent which he believed to be immoral and doubtless unlawful."
Staples later accepted work at a Glass America location in Fairfax, Va, which is inside a hundred mile radius of the Guardian location where he was employed. Staples and Glass America received a communication from Guardian's attorney asking for "enforcement of the provisions of the non-competition agreement" and warning of approaching legal action in Michigan.
"The cease and desist letter has had an intended chilling effect on the petitioner in the sense that the petitioner does not wish to risk a large damage award for violating the details of the non-competition agreement and cannot afford to litigate this case in the courts of the state of Michigan, approximately four hundred miles away," reads Staples petition.
Staples says the agreement prohibited him from employment in any capacity with a competitor, even in a position like a cleaner or janitor. He claims that there is no effort to figure out whether the proscribed activity is the same type of work as that done for the former employer.
Glass America also filed a similar petition backing Staples' claims.
Guardian replied with a motion to dismiss the complaint saying that, "the court should, in the interest of justice, enter an order staying plaintiff's complaint for declaratory relief pending the resolution in the parallel legal action before the Michigan Fed. district court of Mr. Staples' outstanding motion for a section 1404 ( a ) discretionary transfer."
Guardian's motion states that Staples filed a legal action 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 in response to a particular threat of a later-filed state-court action on the merits. Mr. Staples obviously filed the primary action that is now before this court in Virginia Circuit Court on April four, 2012 in an attempt to avoid the appliance of Michigan law, to which he contractually agreed in Nov 2010, after receiving notice that he was about to be sued in Michigan through Guardian's April 2, 2012 cease and refrain letter," reads Guardian's motion.
The Michigan court issued a "show cause order" that ordered Staples to show cause before the court as to the reasons why a preliminary injunction should not be issued against him. Guardian claims that Staples didn't show up for that hearing and the court thus entered an injunctive decree against Staples. This decree demands that Staples complies with the prerequisites listed in the non-competitive agreement, which includes returning all documents and confidential information to Guardian Auto Glass.
Guardian is requesting 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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