A Danbury, Connecticut, trash hauler is suing a former employee who has formed a competing business in Brewster.
Oak Ridge Waste and Recycling demanded that Robert Kissh and Superior Trash Disposal Inc. stop competing in the lower Hudson Valley and in Fairfield, Connecticut, in a July 9 complaint filed in Westchester Supreme Court.
Kissh has “utilized confidential information ”¦ as a former employee of Oak Ridge,” the complaint states, “to unlawfully compete with Oak Ridge.”
Kissh did not respond to an email asking for his side of the story.
In 2013, Kissh sold the assets of Mid-Hudson Waste Inc. to Winter Bros. Waste Systems, for $2.4 million. Winter Bros. eventually changed its name to Oak Ridge, and Kissh went to work for the company.
As a condition of the sale, according to the complaint attested to by Oak Ridge President John Decker, Kissh agreed not to work for any competitor in Connecticut or in Westchester, Putnam and Dutchess counties in New York for five years after he left the company.
He acknowledged that the deal could limit his ability to “earn a livelihood,” but agreed that the restrictions were fair and not unduly burdensome.
The deal also included a confidentiality section, to protect Oak Ridge”™s proprietary information to which Kissh had “unfettered access” as an employee.
Kissh worked at Oak Ridge until March 2018, the complaint states. In June 2018, he incorporated Superior Trash Disposal.
An attorney for Oak Ridge reminded Kissh of his obligations under the noncompete agreement, according to the complaint, but Kissh did not respond.
Kissh has allegedly solicited Oak Ridge customers and Superior allegedly offers residential and commercial garbage disposal and roll-off dumpster services in Oak Ridge”™s territory.
Oak Ridge accused Kissh of breach of contract for allegedly violating the noncompete agreement, and accused Kissh and Superior of misappropriation of confidential information and interference with business relationships.
Oak Ridge is demanding unspecified damages and is asking the court to stop Kissh and Superior from competing in the lower Hudson Valley ”“ Fairfield region until March 2023.
Oak Ridge is represented by Albany attorney Robert T. Schofield.
A ten year non-compete? Will a judge uphold that? Seems excessive to me.