EAST ST. LOUIS – A former Slab Masters employee argues that a non-compete agreement is unenforceable in response to a suit alleging he left the Caseyville company to work for a competitor.
Slab Masters, Inc. originally filed the complaint in the St. Clair County Circuit Court, seeking an injunction against Estes and Groundworks FRS, LLC, doing business as Foundation Recover Systems. Estes removed the suit to the U.S. District Court for the Southern District of Illinois on May 18 through attorney Jon Santangeo of Stinson LLP in St. Louis.
He argues that removal is appropriate because it involves "citizens of different states where the amount in controversy exceeds $75,000, exclusive of interests and costs."
"While Estes does not have access to plaintiff's profit records, based upon his average annual sales for the past several years, plaintiff would have profited at least $75,000 as a result of his annual sales, which averaged roughly $1.5 million per year for the past two years," the notice states.
"If Estes is barred from working for FRS, and he cannot work in his field of experience in the area where he resides, his annual lost income will far exceed $100,000," it continues.
According to the lawsuit, Estes was employed as a salesman at Slab Masters, working out of the company's Caseyville office.
Slab Masters claims that as a salesman, Estes was privy to confidential and proprietary information belonging to Slab Masters and that Estes signed a restrictive covenant and intellectual property agreement which included a non-competition agreement.
Slab Misters claims that by leaving the company and going to work for a competing company, Estes has violated the non-competition agreement he signed with Slab Masters.
The plaintiff is seeking an injunction ordering Estes to cease and desist his breach of agreement, plus court costs and attorney fees, and any other relief the court deems proper.
Estes answered the complaint on May 25, denying the allegations against him.
In his affirmative defenses, Estes argues that his agreement with Slab Masters is unenforceable as a matter of law. He also argues that Slab Masters' claims are barred by the doctrine of unclean hands, doctrine of equitable estoppel and "lack of a protectable interest and/or legitimate business interest."
"Plaintiff's claims to enforce its restrictive covenants are barred because such covenants are overly broad, unreasonable, not necessary for the protection of any purported legitimate business interest, and, therefore, unenforceable as a matter of law," the answer states.
Slab Masters is represented in this case by attorney Donald K. Schoemaker of Greensfelder, Hemker & Gale, P.C. in O'Fallon.
U.S. District Court for the Southern District of Illinois case number 3:22-cv-1051