Former Hertz employee seeks court’s permission to escape non-compete clause

By Robert Hadley | Jan 22, 2016

NEW ORLEANS – A St. Tammany Parish man is suing The Hertz Corp. in a dispute concerning an employee confidentiality and separation agreement.

David Boyd Way Jr. filed a lawsuit Jan. 12 in U.S. District Court Eastern District of Louisiana against Hertz Global Holdings Inc., The Hertz Corp. and Hertz Equipment Rental Corp.

According to the complaint, Way, a regional manager for Hertz, was terminated without cause Aug. 4, 2015 after 21 years of service. In 2012, Way had signed an agreement preventing him from working for a competitor for one year after leaving the company for any reason. However, the suit says, this agreement was replaced by another policy Way signed Aug. 4, 2015, which did not incorporate the non-compete clause from the earlier document.

The suit says Way was terminated from a job with United Rentals in November 2015 because of the threat of legal action from Hertz should it enforce the non-compete clause from the earlier agreement.

Way seeks a declaratory judgment stating the earlier agreement is void because it was replaced by the second agreement. He is represented by attorney of Stephen C. Aertker Jr. of Aertker Legal LLC in Covington.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-00283

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