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Case Studies

Hinckley Allen Successfully Enforces Non-Compete to Prevent Former Employee from Soliciting Customers

Hinckley Allen attorneys successfully represented a Rhode Island pest-control company (the “Company”) in its efforts to enforce a noncompetition agreement and prevent a former employee from soliciting and/or performing services for the Company’s prior or current customers for a period of 24 months.

Hinckley Allen first obtained a preliminary injunction in favor of the Company in the Superior Court of Rhode Island. In the Superior Court, Hinckley Allen defended the validity of the noncompetition agreement and proved that the Company would suffer loss of customers and goodwill if the Court did not immediately prevent the former employee from violating the noncompetition agreement. Hinckley Allen successfully refuted the employee’s counterclaims for religious discrimination, and demonstrated that the Company terminated the employee for nondiscriminatory reasons.

The employee appealed the decision to the Rhode Island Supreme Court. Before the Supreme Court, Hinckley Allen defended the preliminary injunction and the enforceability of the noncompetition agreement. The Supreme Court found that the Company met its burden in the Superior Court and had successfully demonstrated the merits of its claims that the employee breached a valid and enforceable noncompetition agreement.

The Supreme Court’s decision in favor of the Company ensures that the former employee cannot solicit or serve our client’s customer accounts for 24 months.