Law firm and medical device distributor sued by former medical supplies salesman over non-compete contract

By Kyle Barnett | Nov 1, 2013

GRETNA – A St. Tammany Parish man who worked for a medical supplies company for 19 years is suing the company and its law firm for allegedly sending a letter to him and to potential employers about potential legal action due to a non-compete clause in his contract.

Dax Thieler filed suit against Mark Starring & Associates Inc., Thomas J. McGoey II and Liskow & Lewis APLC in the 24th Judicial District Court on Oct. 2.

Thieler asserts that after working for Mark Starring & Associates Inc. as a medical supplies salesman for 19 years he was terminated on Sept. 3, 2013 and that afterward he began to seek out alternative employment with other medical supply companies. The plaintiff alleges that Thomas A. McGoey II as a partner at Liskow & and Lewis, who is providing defense for Mark Starring & Associates, sent him a letter warning him of violating a non-compete clause in his contract. The plaintiff claims that two potential employers who sell products not comparable to those offered by Mark Starring & Associates Inc. and thus would not be in competition were also sent the letters. After the letter from McGoey, Thieler alleges that one of the potential employers decided not to pursue an employment contract with him.

The defendant is accused of intimidating potential employers from hiring the plaintiff.

The plaintiff is seeking a preliminary injunction and a permanent injunction against the defendants who he claims he caused him to suffer monetary damages.

Thieler is represented by attorney Robert T. Garrity Jr. of Harahan.

The case has been assigned to Division J Judge Stephen C. Grefer.

Case no. 731-637.

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