Schimenti Construction Co., LLC v. Schimenti

Citations

• 217 Conn. App. 224

Syllabus

The plaintiff construction management firm sought to recover damages from the defendant, a former employee, for, inter alia, breach of contract and breach of the covenant of good faith and fair dealing. The plaintiff hired the defendant in 1998. In 2014, the defendant was promoted and, in connection therewith, received and signed a promotion letter, which confirmed his promotion, described the responsibilities, compensation and benefits of his new position, stated that he remained an at-will employee, and provided that he was required to execute a nondisclosure agreement as a condition of his continued employment. The nondisclo- sure agreement, which the defendant also signed, included a provision that prohibited him from competing with the plaintiff's business for the duration of his employment and for two years following the termination of his employment. In 2018, the defendant resigned from his employment with the plaintiff and accepted a position with a competitor construction company. Thereafter, the plaintiff commenced this action, claiming that the defendant had breached the nondisclosure agreement. The defendant filed a motion for summary judgment as to two counts of the plaintiff's complaint, claiming that the restrictive covenants set forth in the nondis- closure agreement were unenforceable because the agreement lacked consideration. The trial court granted the defendant's motion, determin- ing that the nondisclosure agreement was unenforceable for a lack of consideration, and it denied the plaintiff's motion for a determination in favor of an immediate appeal. Thereafter, the plaintiff withdrew the remaining counts of its complaint, and it appealed to this court. Held that the trial court erred in granting the defendant's motion for summary judgment as there was at least a genuine issue of material fact as to whether the defendant's continued employment constituted sufficient consideration for the nondisclosure agreement: pursuant to Roessler v. Burwell