![]() And, as shown by this case, require a solid understanding of the interplay of the various overlapping claims. Situations involving employee dishonesty and switching over to competitors, both with and without non-compete agreements, often result in contentious litigation. In other words, the former Nashville manager and others, have quite the uphill battle to tread as they attempt to defeat of multiple claims being levied against them. breach of duty of loyalty, etc.) survived as the facts supporting those claims did not involve any alleged trade secret theft. The court said no – the common law claims (i.e. This combined business will be led by White Cap CEO John Stegeman and President Alan Sollenberger. 1, 2021 /PRNewswire/ - White Cap Supply Holdings, LLC ('White Cap') has closed on a definitive agreement to acquire Ram Tool Construction Supply Co., LLC ('Ram Tool'). Instead, the case dealt with the legal ruling of whether the Tennessee Uniform Trade Secrets Act precluded all of the common law claims, as is often the result. 1-80 OUR COMPANY About White Cap® Careers Investors Suppliers Current & Former Associates Contact Us HELP CENTER. About White Cap White Cap Expands with Acquisition of Ram Tool ATLANTA, Dec. The court did not reach the merits of the dispute or opine on fault as the matter must still be tried to conclusion. Rather, the claims against them were brought under common law theories that apply to all employees. None of the Ram Tool employees were bound by any non-compete agreements or non-solicitation agreements. To add insult to injury, on his last day of employment with Ram Tool, the Nashville manager received an order at Ram Tool, which he promptly forwarded to his new White Cap team calling it the "first order". While still employed with Ram Tool, the Nashville manager heavily recruited other Ram Tool employees negotiated the hiring of Ram Tool employees for White Cap, while the manager was still on the Ram Tool payroll and identified himself as the White Cap branch manager on White Cap letterhead while still employed by Ram Tool. ![]() Ram Tool alleged that over a period of about six months, White Cap targeted Ram Tool's Nashville manager, who agreed to move over to White Cap. White Cap didn't, but planned on opening one. Briefly, two businesses (Ram Tool & Supply and White Cap Construction Supply) compete in the construction tools and materials distribution industry. HD Supply Construction LTD., et al., the court allowed the common law claims of breach of duty of good faith/loyalty and civil conspiracy to survive the former employees' motion for summary judgment, notwithstanding the preemption of factually similar claims by the Tennessee Uniform Trade Secrets Act. An interesting case arose out of the Middle District of Tennessee, which explored the overlapping claims involving an employer suing some of its former employees for trade secret misappropriation, breach of the duty of good faith and loyalty, and civil conspiracy. ![]()
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