Posts tagged with "extension"

Court Amends Time Restriction for Engineering Firm Non-Compete Agreement

Maintenance Technologies International, LLC v. Vega, 2006 Conn. Super. LEXIS 136

Maintenance Technologies International, LLC (MTI) was a Milford, Connecticut-based company that offered highly specialized engineering maintenance services to clients.  The company employed Mr. Daniel Vega as an engineer from February 25, 2002, to October 7, 2005.  His responsibilities for this position included conducting vibration analysis, infrared thermography, motor testing, and laser alignment.  He signed a covenant not to compete as part of his employment agreement with the company.

The restrictive covenant prohibited Mr. Vega, for a period of two years following termination, from engaging in competing business activities within one hundred fifty miles of MTI’s current principal place of business.  The agreement further stated that he could not own any stock in a competing business located within one hundred fifty miles of MTI’s principal place of business.

Breach of the Employment Agreement 

Mr. Vega informed his superiors that he would be voluntarily terminating his employment with the company due to family related issues and his personal ambition to finish his master’s degree in theology.  Once he quit MTI however, he began to work for Schultz Electric Co., a competing company with major offices in Connecticut, Maine, Massachusetts, and New Jersey.

MTI’s management interpreted this move as a violation of the non-compete agreement executed when Mr. Vega’s employment with the company started and sued him in Connecticut state court.  The company requested that the court enforce the provisions of the restrictive covenant in order to prevent any further violations of the agreement.  The court found in favor of MTI, granted the company’s request for an injunction, but amended the time restriction to be only one year, instead of the two-year period as stipulated in the agreement.

The Court’s Decision

In reaching its decision, the court assessed whether MTI had a legitimate interest that needed protection and whether the restrictions in the non-compete agreement were reasonable in scope.  The court recognized that the company spent a great deal of resources on training its employees and this created a valid interest according to the court.

Furthermore, the employees were on the front lines with regard to the business relationships with MTI’s customer and had direct access to proprietary and confidential information.  The court held that a company’s employees and customer relationships are its most valuable assets and are worthy of protection under Connecticut law.  Injunctive relief, therefore, was reasonably necessary for the fair protection of the employer’s business interests.

Next, the court examined whether the specific restriction contained in the agreement were reasonable in scope.  The court held that they amounted to a reasonable and legitimate restriction of Mr. Vega’s ability to work.  They provided an adequate amount of protection to MTI while not overreaching and unnecessarily restricting Mr. Vega’s ability to secure future employment.  The limitations still allowed many viable career options for Mr. Vega.

The court did however slightly amend the time restriction.  It was concerned that the full two years could prove to be “somewhat inequitable” and reduced the restriction to one year, instructing the parties that they could submit arguments prior to the expiration of the one year regarding a potential extension to the full two years as stipulated in the covenant not to compete.

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.

Appellate Court Reviews Officer’s Actions During Traffic Stop of DUI Suspect

In a recent criminal law matter, the Appellate Court of Connecticut considered whether a police officer lacked a reasonable and articulable suspicion that the defendant was driving under the influence and impermissibly prolonged a traffic stop.

This case arose from an incident that occurred at 1:21am on April 13, 2007. A state trooper on routine patrol was driving along Route 72 in New Britain when he observed a vehicle rapidly accelerating as it entered the highway. The trooper clocked the speed of this vehicle at approximately 100mph, despite a 55mph posted speed limit, and he initiated a traffic stop, though the driver parked his car on an exit ramp with part of it protruding into the travel lane. For his own safety, the trooper approached the passenger side of the car and asked the driver, who was later identified as the defendant, to provide his license, registration, and proof of insurance. The officer inquired whether he consumed any alcohol that night, to which the defendant replied he had not.

The trooper validated the documents and shortly thereafter returned to the defendant’s car, unsure whether to arrest the defendant or issue a summons for reckless driving. The trooper asked the defendant to exit his car and immediately noticed the odor of alcohol and the defendant’s bloodshot, glassy eyes. The defendant admitted to drinking two alcoholic beverages, so the trooper administered several field sobriety tests and subsequently arrested him. The entire incident lasted no more than twenty-five minutes.

The defendant was charged with operating a motor vehicle while under the influence (OMVUI) in violation of § 14-227a. He filed a motion to suppress all evidence obtained after the initial traffic stop, arguing that the trooper did not have a reasonable and articulable suspicion “to take any action at that point other than ticketing or arresting [him] for reckless driving.” The trial court denied the motion, stating that when the trooper had not yet completed the initial purpose of the traffic stop. Therefore, the extension of the stop was not unlawful. The defendant entered into a conditional plea of nolo contendere, then appealed.

A police officer has authority to briefly stop a suspicious person and make “reasonable inquiries” to confirm or dispel his suspicions of potential criminal activity. There is no bright-line limitation on the duration of this stop, and an officer may inquire about matters unrelated to the traffic stop itself “so long as those inquiries do not measurably extend [its] duration.” In light of the need to protect an officer, asking a driver to exit his vehicle is a comparatively minimal intrusion on his personal liberty.

In this case, the Appellate Court found that the trooper did not unlawfully extend the traffic stop. The duration, from initial encounter to arrest, was approximately twenty-five minutes, and the trooper’s actions during this time were “all reasonable as they related to the traffic stop itself.” The trooper acted properly in asking the defendant to exit his vehicle: the burden on the defendant’s individual liberty was minimal compared to asking the trooper to stand in an exit ramp travel lane in the middle of the night. In addition, the trooper had a reasonable and articulable suspicion that the defendant was intoxicated, so conducting the field sobriety tests in this situation was proper. Therefore, the Appellate Court affirmed judgment.

When faced with a charge of operating a motor vehicle while intoxicated (a.k.a. driving under the influence), an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

Written by Lindsay E. Raber, Esq.