West Virginia Record

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Advanced Technical Solutions sues former employee for breach

By Kyla Asbury | Nov 28, 2011

WINFIELD -- Advanced Technical Solutions is suing a former employee they claim breached his contract.

Garry R. Elliott began his employment with ATS on May 17, 2010, as a help desk/network engineer and was working in the company's Scott Depot office, according to a complaint filed Oct. 21 in Putnam Circuit Court.

ATS claims Elliott entered into a confidentiality and non-competition agreement when he began his employment in which he agreed for a period of one year following his separation from employment at ATS he would not engage or invest in, own, manage, operate, finance or control or participate in the ownership, management, operation, finance or control of, be employed by, associated with or in any manner connected with any business engaged in the operation of information technology services within a 50 mile radius of Scott Depot.

On Aug. 20, Elliott gave notice of his resignation from employment at ATS and stated that he had accepted a position with the state of West Virginia, according to the suit.

ATS claims it discovered the statement of a position with the state was false and that Elliott instead took a job with Alpha Technologies.

Alpha Technologies is a competitor of ATS and is located approximately two miles from the Scott Depot location of ATS, according to the suit.

ATS claims Elliott breached his contract and continues to knowingly and willfully breach his contract.

As a result of Elliott's continuing breach, ATS has suffered irreparable harm, according to the suit.

ATS is seeking an injunction that would enjoin Elliott from working within a 50-mile radius of the Scott Depot location of ATS, soliciting the business of any customer or account of ATS for one year following his resignation and from disclosing any trade secrets of ATS. ATS is being represented by Justin M. Harrison.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 11-C-296

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