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Aid Maintenance Co., Inc. v. Realty Maintenance Service, Inc. (C.A. No. PC-2009-0194)

Articles Discussing Case:

Employer Failed to Establish Tortious Interference by Current Employees Who Were Secretly Operating a Competing Business

Ogletree Deakins • April 07, 2014
An employer failed to show that its former employees tortiously interfered with its current and prospective customers, even though they had been secretly operating a competing business while working for the employer. In deciding Aid Maintenance Co., Inc. v. Realty Maintenance Service, Inc. (C.A. No. PC-2009-0194), the Rhode Island Superior Court noted that the employer did not have an agreement with the employees prohibiting their competitive efforts, the employee’s conduct was typical of competitors in the industry, and the employer could not quantify the value of lost business. Said the trial court, “[t]here are many descriptive, albeit non-legal, terms that may be appropriate in describing defendants’ actions: dishonest, disloyal and unappreciative are a few. These terms, however, do not carry any particular legal significance in this Court’s dispassionate analysis.”