Robert Half of PA Inc. v. Feight

48 Pa. D. & C.4th 129, 2000 Pa. Dist. & Cnty. Dec. LEXIS 239
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedJune 29, 2000
Docketno. 1667
StatusPublished

This text of 48 Pa. D. & C.4th 129 (Robert Half of PA Inc. v. Feight) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Half of PA Inc. v. Feight, 48 Pa. D. & C.4th 129, 2000 Pa. Dist. & Cnty. Dec. LEXIS 239 (Pa. Super. Ct. 2000).

Opinion

HERRON, J.,

Plaintiff-petitioner Robert Half of Pennsylvania Inc., a subsidiary of Robert Half International Inc., seeks to enforce a restrictive covenant against defendant-respondent Shana Feight. Feight worked for the Accountemps division of RHI, where she placed temporary accounting and financial personnel. After one and a half years at RHI, Feight took a job with Legal Search where she places permanent legal secretaries and paralegals. Legal Search competes with another division of RHI, the Affiliates division.

RHI filed a petition for a preliminary injunction to prohibit Feight from working for Legal Search. The court grants the petition in part and will enjoin Feight from soliciting, contacting or otherwise engaging in business relations with the 16 law firms with which she established relationships while at RHI. The court submits the following findings of fact and conclusions of law in support of its contemporaneous order.

FINDINGS OF FACT

I. The Parties

(1) RHI operates a nationwide personnel placement agency with several divisions. Each division has a distinct product line. (4/20/00 N.T. 13, 115.)

[131]*131(2) Out of its Philadelphia office at 2000 Market Street, Suite 1800, RHI operates at least three divisions: (1) Accountemps, (2) Affiliates, and (3) Office Team. (4/ 20/00 N.T. 13, 101; 5/1/00 N.T. 40.)

(3) The Accountemps division specializes in the temporary placement of accounting and financial personnel, including accountants, bookkeepers and clerical workers. (4/20/00 N.T. 6-7, 101.)

(4) The Affiliates division of RHI specializes in the temporary and permanent placement of legal personnel, including lawyers, legal secretaries and paralegals. (4/ 20/00 N.T. 12, 98, 100.)

(5) The Office Team division specializes in the temporary placement of administrative receptionists. (5/1/00 N.T. 13.)

(6) Shana Feight is a 24-year-old college graduate who lives in Philadelphia. (4/20/00 N.T. 6.)

II. The Employment Agreement

(7) Sometime before August 10, 1998, RHI offered Feight — and Feight accepted — a position as a staffing manager in the Accountemps division in the Philadelphia office. (4/20/00 N.T. 6, 101, 120; exhibit P-1.)

(8) RHI’s initial offer of employment and Feight’s acceptance of that offer were verbal. (5/1/00 N.T. 7-8.)

(9) The staffing manager position is entry level and non-managerial. (4/20/00 N.T. 12.)

(10) On August 10,1998 her first day of employment at RHI, Feight signed an employment agreement. (4/20/ 00 N.T. 106, 5/1/00 N.T. 9, 10; exhibit P-1 and D-l.)

(11) The agreement contained a nondisclosure agreement:

[132]*132“Disclosure or misuse of confidential information. Employee shall not at any time during employee’s employment by any of the RHI companies or thereafter, directly or indirectly, disclose, furnish or make accessible to any person, firm[,] corporation, or other entity, or make use of, any confidential information of any of the RHI companies, including, without limitation, information with respect to the name, address, contact persons, or requirements of any customer, client applicant, candidate or employee of any of the RHI companies (whether having to do with temporary, contract or permanent employment) and information with respect to the procedures, advertising, finances, organization, personnel, plans, objectives or strategies of the RHI companies. Employee acknowledges that such information was developed by the RHI companies at great time and expense and is safeguarded by the RHI companies as trade secrets...(Exhibit P-1, ¶8.)

(12) The agreement contained a general agreement not to compete:

“Restrictive covenant. In consideration and view of [(i)] employee’s position with the RHI companies, (ii) the valuable consideration furnished to the employee by employer employing employee and entering into this agreement, (iii) employee’s access to confidential information and trade secrets of the RHI companies, and (iv) the value of such confidential information and trade secrets to the RHI companies, for a period of 12 months after the termination date . . . , employee agrees that employee shall not, directly or indirectly, own, manage, operate, control, be employed by, participate in, or be connected in any manner with the ownership, management, operation or control of, any competitor in any part [133]*133of the area encompassed within 50 miles from [RHI’s Philadelphia office] . . . (Exhibit P-1, ¶9.)

(13) The agreement contained a non-solicitation agreement:

“Non-solicitation of customers. In consideration and view of [(i)] employee’s position with the RHI companies, (ii) the valuable consideration furnished to the employee by employer employing employee and entering into this agreement, (iii) employee’s access to confidential information and trade secrets of the RHI companies, and (iv) the value of such confidential information and trade secrets to the RHI companies, for a period of 12 months after the termination date ..., employee agrees that employee shall not, directly or indirectly, on behalf of any competitor, solicit the trade or patronage of any customer or perform services for any customer. Such restriction on soliciting or performing services for customers shall apply regardless of whether or not any such customer was previously a customer of employee or whether or not such customer was previously, or is at the time of solicitation or the performance of services, a customer of any competitor....” (Exhibit P-1, ¶10.)

(14) The agreement defines “customer” as any company for whom RHI’s Philadelphia office “performs or has performed services in the course of its business within the 12 months preceding the termination date.” (Exhibit P-1, ¶7.)

(15) Feight claims that RHI did not inform her of the restrictive covenants or show her the written employment contract before Feight began working at RHI. (5/ 1/00 N.T. 8-9.)

[134]*134III. Feight’s Training at RHI

(16) Before working for RHI, Feight had no experience in employee recruiting or placement. (4/20/00 N.T. 6; 5/1/00 N.T. 6.)

(17) Feight’s training at RHI lasted two to three weeks. (4/20/00 N.T. 105; 5/1/00 N.T. 16, 18.) For a few hours each day, Feight watched a CD-ROM presentation about selling techniques, telephone solicitation skills, ad calls1 and candidate interviews. (4/20/00 N.T. 65-66,105; 5/1/ 00 N.T. 79.) After watching the CD-ROM presentation each day, Feight practiced her sales techniques by telephoning clients. (5/1/00 N.T. 79.) During her training, Feight participated in role-playing exercises with her supervisor, Scott Schorr. (4/20/00 N.T. 68,105; 5/1/00 N.T. 79.) These exercises covered such topics as sales techniques, client telephone calls, client visits, contacting clients and potential clients, interviewing candidates, converting a temporary employee to a permanent employee and cross-selling services of other RHI divisions.2 (4/20/00 N.T. 66-68; 5/1/00 N.T. 16-17.)

IV. Feight’s Position and Responsibilities at RHI

(18) As a staffing manager at RHI, Feight was responsible for recruiting and placing temporary accounting and finance personnel. (4/20/00 N.T.

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Bluebook (online)
48 Pa. D. & C.4th 129, 2000 Pa. Dist. & Cnty. Dec. LEXIS 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-half-of-pa-inc-v-feight-pactcomplallegh-2000.