Man says former employers' work agreements not enforceable

Kelly Holleran Aug. 26, 2013, 4:49pm

A man claims his former employer wrongly accused him of violating a non-compete clause in an employment agreement that he says was not enforceable.

Ray Barnett filed a lawsuit Aug. 8 in Jefferson County District Court against Atlantic Plant Services and Brock Enterprises. 

In his complaint, Barnett claims he had worked for the defendant companies before he began his employment for Kilgore Construction. After Barnett began his work for Kilgore, the defendants sent materials to him and Kilgore saying that he had violated his employment agreements with them, according to the complaint.

Specifically, the defendants accused Barnett of violating a non-solicitation agreement and a non-compete agreement. They also said he engaged in unfair competition and may be guilty of disclosing confidential information, the suit states.

For Barnett’s alleged actions, the defendants seek $100,000, the complaint says. Barnett claims the defending companies have also contacted third parties to inform them that he is violating his employment agreement.

Barnett contends that he did not enter into an enforceable employment agreement with either of the defendants. Therefore, he says he did not violate the agreements.

He alleges defamation against the defendants.

In his complaint, Barnett seeks declaratory relief, actual damages and punitive damages, plus pre- and post-judgment interest, attorney’s fees, costs and other relief the court deems just.

Chris M. Portner and J. Trenton Bond of Portner and Bond in Beaumont will be representing her.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B194-615

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