State Farm agent sues over assistant’s job move

PINEVILLE — A Wyoming County insurance professional is suing a competitor and its principal, alleging liability in a work dispute that he says hurt his business.

Chad Preston filed a lawsuit May 28 in Wyoming Circuit Court against Darren Whitten Insurance Inc. of Oceana, Darren Whitten of Saulsville, and Judith Day of McGraw, alleging misappropriation of trade secrets when Day switched her employment from the plaintiff’s firm to the defendant’s company.

According to the filing, when Preston, a licensed agent of State Farm Insurance Company, hired Day in September 2013 as a sales assistant, Day signed an employment agreement. When Day ceased working for the plaintiff Jan. 8, 2015, she was hired by Whitten and his firm, the suit says.

The lawsuit states Whitten should have known Day previously worked for Preston, and that Day revealed proprietary information to her new employer, violating confidentiality agreements and committing tortuous business interference.

The suit alleges breach of contract, conversion, civil conspiracy, and negligent hiring. The plaintiff says Whitten and his firm engaged in deliberate and oppressive behavior and he alleges annoyance and aggravation.

Preston seeks injunctive relief, compensatory and punitive damages, pre- and post-judgment interest, attorney fees and costs. He is represented by attorney Steven Wolfe of Wolfe Law Office in Logan. The case has been assigned to Circuit Judge Warren Randolph McGraw.

Wyoming Circuit Court case number 15-C-104