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ARTICLE · 15 JULY 2013

When Are Employee Files Relevant In Non-Compete Litigation?

Fox Rothschild LLP
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Florida non-compete litigation; restrictive covenant; relevance of employee files; noncompete agreements.

United StatesEmployment and HR
Jason Cornell
Jason Cornell
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During the course of non-compete litigation, a party may seek to obtain the employment files of the adverse party. The situation typically arises when an employer seeks to enforce a non-compete agreement against a former employee and the employee, in an effort to build his or her defense, serves a request for production on the employer seeking certain employee files. This issue was addressed by the United States District Court for the Middle District of Florida in Moore v. Lender Processing Service, Inc., et al., C.A. No. 3:12-cv-205-J-UATCMCR (M.D. Fla. June 5, 2013). The plaintiff in Moore was a former employee who brought a breach of contract and declaratory judgment action against her former employer following her termination. The employment agreement at the center of the dispute contained a non-compete clause which the employee argued was invalid due to the employer's breach of the agreement. Opinion at *1.

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