Soliciting Customers Gets Enjoined

An employer sued a former employee, claiming that non-solicitation and confidentiality agreements were being enforced. The employee argued that the customer names were not confidential and that the employee had not taken any lists from the business. The court granted an injunction while the case was pending, saying it was likely the employer would win.

WHY THIS IS IMPORTANT… The court said that actually taking a list is not needed to prove breach. The confidentiality agreement specifically said that the names and identification of customers were confidential information. The fact that the employee remembered these names was not material to the question of whether the contracts were breached.