Belron
US Files Suit Against Coast to Coast and Former Employee; Alleges
Employee is Violating Non-Compete
October 14, 2009
Belron US filed a lawsuit last week against Coast to Coast Auto
Glass LLC and a former employee who now works for Coast to Coast,
Eugene Casole. Belron alleges that Casole, a resident of Voorhees,
N.J., previously worked with the company, and in September 2005
signed an employment agreement in which Casole is alleged to have
agreed to "non-competition, non-solicitation and confidentiality
provisions." The agreement was supposed to continue for one
year following termination of Casole's employment, according to
Belron US.
Casole was terminated from his most recent position with Belron
US, division manager for the areas of Philadelphia, Harrisburg,
Pa., Capitol Heights, Md., and Alexandria, Va., in January 2009;
Belron US officials say he received a severance and post-termination
bonus payment of more than $180,000 at that time.
Belron US alleges that recently, however, Casole took a position
as a "consultant or independent contractor in violation of
the terms of the Employment Agreement" with Coast to Coast
Auto Glass.
The company further claims that Coast to Coast "was fully
advised of the existence and content of Casole's Employment Agreement
with Belron US, including the non-competition, non-solicitation
and confidentiality contractual obligations contained therein, prior
to engaging Casole's services."
Under the terms of the non-compete agreement, Belron US alleges
Casole agreed that he would not "engage or have a financial
interest in any business that is involved in any automotive glass
replacement or repair business or any other business that competes
with the Company's then current or planned business
"
The company goes on to allege that in his position with Belron
US, Casole was privy to proprietary information that would "provide
a competitor with a substantial and unfair competitive advantage."
Company officials have allegedly contacted both Casole and Coast
to Coast "on multiple occasions in writing of their obligations
under the [agreements]."
The company is seeking injunctive relief and damages for charges
of breach of contract, misappropriation of trade secrets, and tortuous
interference.
Belron US also is requesting a trial by jury. The case was filed
late last week in the U.S. District Court for the District of New
Jersey by Belron US counsel Robert V. Dell'Osa of Cozen O'Connor
in Cherry Hill, N.J.
At press time, neither Belron US spokesperson Jenny Cain nor Coast
to Coast spokesperson Jigna Patel had responded to requests for
comment.
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