HOUSTON – A Texas appeals court panel has upheld a lower court ruling in favor of a medical billing company in a lawsuit against a former employee.
Universal Surgical Assistants Inc. sued the former employee, Lisa Rodriguez, for allegedly violating a non-compete agreement after leaving the company.
Under the agreement, Rodriguez was barred from doing direct or indirect business with a competitor within 60 miles of Houston for two years after leaving Universal Surgical.
Rodriguez left Universal Surgical on Dec. 3, 2018, and was immediately hired by American Surgical Professionals in Fort Bend County, Texas. After two weeks on her new job, Rodriguez called a former coworker at Universal Surgical, Rachel Shaw, and asked for a notebook she had left behind.
“Shaw looked at its contents and found that the notebook did not contain Rodriguez’s personal information; rather, it contained information about Universal Surgical’s billing systems,” the Appeals Court ruling said. “Shaw returned the notebook to the office and reported Rodriguez’s request to Universal Surgical.”
Universal Surgical sued Rodriguez for allegedly violating the Texas Uniform Trade Secret Act, breach of contract, tortious interference with existing contractual relations, conspiracy, and breach of fiduciary duty.
Rodriguez asked the trial judge to dismiss the case under the Texas Citizen’s Participation Act, which protects the right of association and free speech.
The trial court denied her request, and on August 18 the Texas First District Court of Appeals agreed.
“Rodriguez’s communications with her employer were not 'made in connection with a matter of public concern,’” the Court ruled. “We thus conclude that Rodriguez did not meet her burden of showing, by a preponderance of the evidence, that Universal Surgical’s claims are based on, related to, or in response to the exercise of her right of association or her right of free speech. We hold that the trial court did not err in denying Rodriguez’s motion to dismiss.”
Lisa Rodriguez v. Universal Surgical Assistants Inc., Court of Appeals for the First District of Texas, 01-19-00236-CV