Summary Judgment Granted on Plaintiff's Employment Case
WWHGD represented a company that provides intraoperative monitoring services to doctors and hospitals. The company makes all of its technicians sign non-compete/confidentiality agreements to protect its client relationships and confidential information. One of the primary technicians secretly negotiated employment with its main competitor, and, while still employed by our client, solicited the company’s biggest client on its behalf. She left to go work with the competitor, taking the client with her, which resulted in an almost 40% loss of our client’s business.
WWHGD filed suit against the employee and her new employer, alleging breach of her employment agreement (breach of the duty to provide notice, breach of the non-solicitation provision and breach of the duty of loyalty) and breach of her implied duty of good faith and fair dealing against the employee, and tortious interference with against the new employer.
After discovery, WWHGD moved for summary judgment, asking the court to enter judgment as a matter of law in our favor and against the defendants on all claims. The judge granted our motion and held the defendants liable on all claims, and held that the former employee is liable for all fees and costs.
The new employer/competitor filed a counterclaim, alleging that we tortiously interfered with its customer relationships. WWHGD moved for summary judgment on all of its counterclaims, asking the court to dismiss them. WWHGD was successful on this summary judgment as well. The judge granted this motion too. So their counterclaims have now all been dismissed.