Michael J. Gross Authors Case Study in "Annual Law Firm Managing Partner Roundtable"
January 5, 2010"Preventing, Uncovering and Prosecuting the Enemy Within: New Jersey's Top Legal Guns Target Employee Fraud & Theft"
Commerce Magazine - Months after an employee had resigned, an e-mail was mistakenly sent to the ex-employee’s former e-mail account. A supervisor who reviewed the e-mail realized it contained an agreement between one of our client’s current business partners and the ex-employee’s new employer. Since the ex-employee had previously entered into a restrictive covenant agreement with our client, this e-mail provided definitive evidence that the ex-employee was violating his post employment, non-compete and non-solicit obligations. To protect our client, Jay Becker, chairman of the Labor and Employment Practice Area filed an Order to Show Cause seeking temporary restraints. These restraints would prevent the ex-employee from continuing to violate his restrictions and would prevent his new employer from using our client’s confidential and proprietary information that it learned from the ex-employee. On the evening before the injunction hearing, the new employer agreed to not only terminate our client’s ex-employee, but agreed to cease and desist doing business with certain companies as a result of information it received from our client’s ex-employee. Further, the ex-employee agreed to honor his non-compete agreement for an additional year and forwarded new business to our client to atone for the revenue lost as a result of his actions. View PDF
|Tags: Michael J. Gross, Jay S. Becker, Environmental, Labor & Employment|