Ex-AmQuip Worker Breached Loyalty Despite No Noncompete

Law360 (November 28, 2018, 8:14 PM EST) -- A Pennsylvania appeals court on Tuesday agreed that even in the absence of a formal noncompete agreement, an ex-AmQuip Crane Rental employee violated his common law duty of loyalty by urging customers to move their business to a competitor he later joined.

A three-judge Superior Court panel found that former AmQuip Crane Rental LLC salesman Thomas Newell's explicit efforts to divert customers to rival startup A Crane Rental LLC violated a duty of loyalty arising under common law even though he was not subject to a formal NCA as a condition of his employment.

"Without AmQuip's knowledge or consent, and before...

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