National Truck Emergency Road Service, Inc. v. Peloquin, 2011 Conn. Super. LEXIS 2393
National Truck Emergency Road Service, Inc. (National Truck) was a Massachusetts corporation that engaged in interstate commerce by providing emergency road service to heavy and medium duty trucks and vans for local and national fleets. The company hired Mr. Barry Peloquin on August 25, 2008, to work as a customer service representative. The next day, the parties executed a non-compete agreement that prohibited Mr. Peloquin, for five years following termination, from working at a competing company within five hundred miles of the company’s headquarters located at 320 Main Street, Southbridge, MA.
The agreement also stated that Mr. Peloquin was obligated to return any company property upon termination and contained a non-disclosure provision. Most importantly however, the covenant not to compete stipulated that in the event of a breach, National Truck would be entitled to “remedies allowed by law and equity”, therefore permitting National Truck to receive monetary damages and injunctive relief.
National Truck terminated Mr. Peloquin on October 20, 2009 and he soon found employment with a competing company in Connecticut and began servicing National truck’s customer YRC. The company sued Mr. Peloquin for illegally appropriating company lists and other protected intellectual property in conjunction with violating the non-compete agreement executed by the parties.
The company asked the court to enforce the provisions of the non-compete and to order Mr. Peloquin to return all proprietary documents he took home during his employment with National Truck. The court found in favor of National Truck and granted both equitable and legal relief, although the injunction only addressed returning.
The Court’s Decision
The court heard expert witness testimony and concluded that National Truck had $32,493.00 in damages directly attributable to illegal competition from Mr. Peloquin. The company experienced an unusual and dramatic drop off in business from YRC commencing shortly after Mr. Peloquin’s termination. Mr. Peloquin’s action created adverse financial consequences for National Truck, visible in the company’s lost profits and incurred expenses.
While damages are not generally awarded in cases involving breach of a non-compete agreement, the agreement itself specifically stipulated that the employer (National Truck) would be entitled to them should the employee (Mr. Peloquin) violate the covenant. The court awarded National Truck the $32,493.00 in damages plus attorney’s fees and court costs.
The court was only willing to grant a portion of the injunctive relief sought by National Truck. It ordered that Mr. Peloquin return all National Truck documents within thirty days and abide by the non-disclosure clause. The court’s ruling however did not prevent his further employment with his current company because the court concluded that National Truck did not present adequate evidence to show that Mr. Peloquin violated the non-compete since litigation began or that he was likely to do so in the future. Without demonstrating the imminent threat of irreparable harm, National Truck was not entitled to injunctive relief with this specific matter.
The lawyers at Maya Murphy, P.C., are experienced and knowledgeable employment and corporate law practitioners and assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and elsewhere in Fairfield County. If you have any questions relating to your non-compete agreement or would like to discuss any element of your employment agreement, please contact Joseph C. Maya, Esq. by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com.