Posts tagged with "New Haven County"

Four-Prong Test Applied to Enforce Non-Compete Provision in a Franchise Agreement

Four-Prong Test Applied to Enforce Non-Compete Provision in a Franchise Agreement
Money Mailer Franchise Corporation v. Wheeler, 2008 Conn. Super. LEXIS 2260

Mr. Douglas Wheeler entered into a Franchise Agreement with Money Mailer Franchise Corporation on February 28, 2003 wherein he was assigned a mailing territory comprised of thirteen zip codes in Fairfield and New Haven counties. Money Mailer was a business that franchised a system of providing direct mail order advertising and related services. The Franchise Agreement contained a covenant not to compete that prohibited Mr. Wheeler from engaging “in any Competitive Activities with the Territory [his thirteen zip codes] or within the territory of any other “Money Mailer” franchise then in operation” for a period of two years following termination. This essentially obligated Mr. Wheeler to not engage in any competing business enterprise within fifty miles of any Money Mailer franchise.
Mr. Wheeler sold his franchise to Mr. Javier Ferrer on October 31, 2007 for $130,000. He executed an additional non-compete agreement in connection with this transaction wherein he promised not to compete for three years following the closing of the deal. In February 2008, he began to work as an Independent Contractor for Direct Advantage, a direct competitor engaged in the same business(es) as Money Mailer. Money Mailer sued Mr. Wheeler for breach of the Franchise Agreement and requested that the court enforce the provisions contained in the non-compete agreement. Mr. Wheeler acknowledged that he was involved in the exact same business addressed and prohibited in the non-compete agreement and admitted to soliciting several of Money mailer’s previous and current customers.
The Connecticut state court granted Money Mailer’s request for injunctive relief and ordered the enforcement of the restrictive covenant. The court stated that the purpose of injunctive relief was to preserve the status quo of the parties until the case was definitively decided. It further noted the relevant standard of review for granting a request for an injunction and specified four factors: 1) no adequate remedy at law, 2) plaintiff would experience irreparable harm if the request was not granted, 3) plaintiff was likely to prevail on the merits of the case, and 4) an injunction would sustain the balance of the parties’ equities. The court concluded that Money Mailer’s case met all of these requisite factors and its complaint warranted relief in the form of a temporary injunction.
The court concluded that an injunctive order was necessary to balance the parties’ interests during the legal proceedings and that the temporary injunction would essentially restore the parties to their relative positions before the alleged violation of the non-compete agreement. Money Mailer was able to demonstrate that Mr. Wheeler’s actions had a detrimental impact its business interests. Additionally, the court found that Money Mailer was likely to prevail on the merits of its complaint, specifically citing that Mr. Wheeler’s own testimony provided abundant evidence of activities that should trigger the enforcement of the restrictive covenant. For these enumerated reasons, the court granted Money Mailer’s request for an injunction restraining Mr. Wheeler from further violations of the non-compete provisions contained in the Franchise Agreement executed between the parties in 2003.
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.

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The Best Divorce Lawyers CT: Divorce Attorneys Fairfield County, Connecticut

Maya Murphy’s Matrimonial Law Group consists of a dedicated team of lawyers committed to representing its clients through the most complex divorce proceedings. As a significant portion of our Matrimonial Law Group’s client base consists of high net worth individuals, we have experience dealing with the valuation and division of a variety of assets including businesses, residential and commercial real estate, high-end personal property, trusts, various retirement vehicles, as well as stocks, bonds and other securities. Our matrimonial lawyers also counsel the Firm’s clients through the formation and execution of pre-marital agreements, and often collaborate with our Trusts & Estates Group regarding issues involving trusts, testamentary instruments and estate planning. With attorneys licensed to practice in Connecticut and New York, we routinely handle cases originating in Fairfield County, Westchester County and New York City.

Our Matrimonial Law Group represents clients in dissolution and separation proceedings, custody and child support cases, as well as post-judgment custody and support modifications. Our matrimonial lawyers handle each and every case professionally and diligently. Though we aggressively litigate our more acrimonious cases when required, we always take into account the individual and unique needs, position and desires of each client, and recognize the importance of negotiating settlements when appropriate. Our matrimonial lawyers are well versed in the mediation process as well, and are often retained in a neutral capacity, providing our clients with an alternative to the traditional adversarial divorce model.

Maya Murphy’s Matrimonial Law Group is dedicated to providing its clients with high quality representation, including a thorough knowledge of the law, unsurpassed attention to detail, unwavering client support and constant preparedness. We understand that our clients are often in the worst situations they will ever personally encounter, and seek, at every turn, to alleviate their fears while protecting and advancing their interests in a court of law.

Our firm provides representation in all trial and appellate courts for matters relating to dissolution of marriage including: legal separation, property division, alimony, child custody, child support, and visitation rights. Our firm is experienced in dealing with the legal, financial, emotional and psychological issues arising in family and matrimonial relationships. Our attorneys have extensive experience representing individuals in matters involving all types of divorce and family law issues.

Maya Murphy’s offices are located in Westport, Connecticut and serves clients in locations including Stamford, Hartford, New Haven, Danbury, Waterbury, Bridgeport, Greenwich, Norwalk, Milford, Stratford, Fairfield County, Hartford County, New Haven County, Litchfield County, Middlesex County, Tolland County, Windham County, and New London County.

To discuss a case please contact Joseph C. Maya or H. Daniel Murphy at (203) 221-3100 in Connecticut or (212) 682-5700 in New York. Mr. Maya can be reached via e-mail at JMaya@Mayalaw.com and Mr. Murphy can be reached via e-mail at HDMurphy@Mayalaw.com.

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Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today.

If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today.

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Leading Divorce Law Firm in Fairfield County Connecticut: Maya Murphy

Maya Murphy’s Matrimonial Law Group consists of a dedicated team of lawyers committed to representing its clients through the most complex divorce proceedings. As a significant portion of our Matrimonial Law Group’s client base consists of high net worth individuals, we have experience dealing with the valuation and division of a variety of assets including businesses, residential and commercial real estate, high-end personal property, trusts, various retirement vehicles, as well as stocks, bonds and other securities. Our matrimonial lawyers also counsel the Firm’s clients through the formation and execution of pre-marital agreements, and often collaborate with our Trusts & Estates Group regarding issues involving trusts, testamentary instruments and estate planning. With attorneys licensed to practice in Connecticut and New York, we routinely handle cases originating in Fairfield County, Westchester County and New York City.

Our Matrimonial Law Group represents clients in dissolution and separation proceedings, custody and child support cases, as well as post-judgment custody and support modifications. Our matrimonial lawyers handle each and every case professionally and diligently. Though we aggressively litigate our more acrimonious cases when required, we always take into account the individual and unique needs, position and desires of each client, and recognize the importance of negotiating settlements when appropriate. Our matrimonial lawyers are well versed in the mediation process as well, and are often retained in a neutral capacity, providing our clients with an alternative to the traditional adversarial divorce model.

Maya Murphy’s Matrimonial Law Group is dedicated to providing its clients with high quality representation, including a thorough knowledge of the law, unsurpassed attention to detail, unwavering client support and constant preparedness. We understand that our clients are often in the worst situations they will ever personally encounter, and seek, at every turn, to alleviate their fears while protecting and advancing their interests in a court of law.

To discuss a case please contact Joseph C. Maya or H. Daniel Murphy at (203) 221-3100 in Connecticut or (212) 682-5700 in New York. Mr. Maya can be reached via e-mail at JMaya@Mayalaw.com and Mr. Murphy can be reached via e-mail at HDMurphy@Mayalaw.com.
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Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today.

If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today.

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Both Parties Must Sign Non-Compete Agreement To Make It Legally Binding

Both Parties Must Sign Non-Compete Agreement To Make It Legally Binding
Fairfaxx Corp. v. Nickelson, 2000 Conn. Super. LEXIS 2340

Fairfaxx Corporation, a company based in Norwalk, Connecticut, employed Ms. Sarah Nickelson from January 1997 until she voluntarily terminated her employment on November 23, 1998. Fairfaxx provided services for full and part-time employees to clients located in Fairfield and New Haven counties in Connecticut in addition to Putnam and Westchester counties in New York. Ms. Nickelson first worked as a part-time receptionist for Fairfaxx at Aviator in Stratford, then as a temporary employee of Fairfaxx itself, and then hired on a permanent basis as a Personnel Consultant in May 1997. He did not have an employment contract and as such, she was classified as an employee at will. Seven months later, in December 1997, Fairfaxx’s employees, including Ms. Nickelson, were presented with a “Confidentiality and Non Compete Agreement”. There was an understanding that the employees would be terminated should they refuse to sign the restrictive covenant. Ms. Nickelson signed and returned the non-compete agreement on December 9, 1997. The covenant not to compete prohibited Ms. Nickelson from recruiting candidates or soliciting clients in New Haven, Fairfield, Putnam, and Westchester counties for two years following her termination.
Ms. Nickelson moved in November 1998 and was promptly contacted by a recruiter concerning a job at Premier Staffing Solutions, a company in direct competition with Fairfaxx. She was offered a position with Premier and accepted due to the shorter commute and higher commission rate. She ended her employment with Fairfaxx on November 23, 1998 and immediately began to work for Premier. Fairfaxx sued Ms. Nickelson in Connecticut state court for breach of the covenant not to compete and requested that the court enforce the restrictions contained therein. Ms. Nickelson argued that the non-compete agreement was not a valid employment agreement and she was not obligated to abide by its restrictions. The court ultimately found in favor of Ms. Nickelson, invalidated the non-compete agreement, and denied Fairfaxx’s request for injunctive relief.
The court came to this decision because the agreement lacked adequate consideration and the requisite signatures. The non-compete agreement spoke of “mutual promises” but the court concluded that Ms. Nickelson received nothing in exchange for her covenants. She had the same job, same salary, and same benefits after she signed the agreement as before its execution. She was promoted to Manager of the Temporary Division at Fairfaxx in January 1998 but the court found that this was not in any way connected to the non-compete agreement and held that this could not be construed as consideration for the covenants that Ms. Nickelson gave to the company.
Furthermore, the court found that the non-compete agreement was not legally binding because it was only signed by Ms. Nickelson. Fairfaxx noted that it clearly intended to sign the agreement and have its provisions become legally binding but did not actually know if someone from the company’s management had signed the covenant not to compete. The agreement was designed to be a bilateral contract and would not become legally binding until both parties had signed. The agreement contained signature blocks for Ms. Nickelson and Fairfaxx and required both in order for the restrictions/provisions to become effective.
In light of a missing requisite signature and inadequate consideration, the court held that the non-compete agreement was unenforceable and denied Fairfaxx’s request for injunctive relief.
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.

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