Staples Files $150K Counterclaim Against Guardian
September 18, 2012

by Casey Neeley,

Ken Staples, former Guardian employee, filed a counterclaim against Guardian Auto Glass LLC, September 12. In the counterclaim, filed in the United States District Court for the Eastern District of Virginia, Alexandria Division, Staples asserts that his non-competition agreement with Guardian prevents him from future employment opportunities.

“The non-competition agreement in unenforceable as to Staples in that by its very terms, it prohibits employment of Mr. Staples in any capacity,” reads the counterclaim. “For example, by its terms, the non-competition agreement would prohibit Mr. Staples from working as a cleaner, janitor or night watchman for any of Guardian’s competitors…. There simply is no legitimate business reason for the inclusion of such an all-encompassing, one size fits all, functional restriction in the non-competition agreement.”

In the counterclaim, Staples declares damages in the total amount of $150,000. According to court documents, “Staples has incurred and will continue to incur monetary damages, loss of income, loss of business opportunity, future monetary damages, and legal fees, costs and expenses in an amount not yet fully determined but expected to exceed $75,000.” Staples goes on to claim the same $75,000 in foreseen losses as a result of Guardian’s preliminary injunction.

Robert Staples signed an “Invention, Disclosure, Confidentiality and Non-Competition Agreement” with Guardian Auto Glass in November of 2010. According to Staples’ petition for declaratory judgment filed in Virginia, he “left Guardian Glass because he became increasingly uncomfortable with certain practices of the respondent which he believed to be unethical and possibly unlawful.”

Staples later accepted employment at a Glass America location in Fairfax, Va., which is within a 100 mile radius of the Guardian location where he was employed. Staples and Glass America received a letter from Guardian’s attorney requesting “enforcement of the provisions of the non-competition agreement” and warning of impending legal action in Michigan.

The case was recently transferred to Virginia from Michigan after Guardian moved to hold Staples, a Virginia resident, in contempt for failure to appear.

The Eastern District of Virginia, Alexandria court previously denied a motion to dismiss from Guardian.

This story is an original story by AGRR™ magazine/™. Subscribe to AGRR™ Magazine.
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