But he went to a trucking company, which was a supplier for TQL, Patterson said. See Hartman v. Acton, No. This means you're the single point of contact to get the job done right the first time, every time. (Id.). The percentage of those that actually make it onto commission with this company is very low.. This matter is before the Court on cross motions for summary judgment. 7, "TQL Separation Email"). The COVID-19 pandemic intervened once again as a case filed in July 2016 in the U.S. District Court for the Northern District of Illinois, which was slated for a jury trial on March 30, was delayed. googletag.cmd.push(function() { To survive Defendants' 12(b)(6) motion, then, TQL's Complaint must provide non-conclusory facts that, if true, plausibly support claims that (1) Daniels breached his non-compete; (2) Daniels and EDA misappropriated trade secrets; (3) EDA interfered with TQL's business relationships; and (4) EDA interfered with TQL's contracts. The Court noted earlier that TQL's Complaint had alleged sufficient facts to raise a plausible inference that Daniels was competing against TQL as part of his new position with EDA logistics. All rights reserved. TQL Has Not Provided Enough Evidence At This Stage For The Court To Conclude That It Has A Strong Likelihood Of Success On The Merits. Since the COVID-19 threat began, any TQL employee who stated his or her discomfort with working in the office because of health concerns was immediately offered the opportunity to work from home, with no strings attached, Millikin told FreightWaves in April. In sum, the Court DENIES Defendants' Motion to Dismiss with respect to TQL's breach of contract, misappropriation of trade secrets, and tortious interference with a contract claims. As noted above, that evidence falls short. These trainees are expected to spend at least six months conducting sales calls for freight brokers, earning between $36,000 to $38,000, before they are even considered to make the move from salary to a commission-based pay system. Hr'g, Ex. Total Quality Logistics, LLC v PBD, Inc et al | 1:19-CV-00212 | Court Exactly our experience. Detail"). (Doc. googletag.cmd.push(function() { If the Court were to preliminarily enjoin Daniels and EDA today, that injunction will likely remain in effect for some time after June 2021, which is the date when Daniels' non-compete expires (at least absent tolling of the covered period). TQL undoubtedly intended to ask him, under oath, about his past and current business activities. At first glance, such facts, assuming they are true, as the Court must at this stage, seem sufficient to give rise to a plausible inference of a breach. That said, a plaintiff need not provide "detailed" factual allegations. TQL are extornists! TQL's website notes that on Feb. 23 the company confirmed a data breach of its IT systems. He is married with five preteen children and struggled with work-life balance at TQL. So its like holding a gun to the head of people to expose them to potentially ruinous liability if they guess wrong about how the noncompete will be enforced.. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot2', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767737710-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); Because Daniels founded EDA, TQL reasons, he "inevitably will use [trade secret] information for his and EDA's benefit." 2, 16, #47; TQL's Exs. (Mot. Rule 30 (b) (6) Deposition. Gonzales v. Nat'l Bd. 13, 14, "FMCSA Licensing History"). To demonstrate "irreparable harm," TQL would need to show that there is an "imminent" risk of a "certain, great, and actual" harm that creates a "clear and present' need for equitable relief." Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Ken Oaks and Ryan Legg co-founded TQL in 1997, but the two parted ways 16 years ago. 1998)). Signed by Judge Timothy S. Black on 8/5/2021. From that point forward, Daniels handled Sunland's business until he left TQL, in June 2020. The email chains revealed that on October 28, 2020, and then again on January 18, 2021, Daniels received an email from 721 Logistics about a potato starch shipment from Sunland. I refuse to do any business with this company. Mot., Apr. Hr'g, Exs. Although a finding that there is no likelihood of success on the merits is "usually fatal" to the request for a preliminary injunction, Gonzales, 225 F.3d at 625, the Court could still exercise "its discretion to issue a preliminary injunction if the movant has, at minimum, 'show[n] serious questions going to the merits and irreparable harm which decidedly outweighs any potential harm to the defendant if the injunction is issued.'" See Iqbal, 556 U.S. at 663 ("A claim has facial plausibility when the pleaded factual content allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.") (Mot. JUDGE DOUGLAS R. COLE OPINION AND ORDER This cause is before the Court on two pending motions: (1) Total Quality Logistics' ("TQL") Motion for a Preliminary Injunction (Doc. (NCA at 9(b)). The Complaint Fails To Plausibly Allege That EDA Logistics Tortiously Interfered With TQL's Business Relationships. As the Court discussed in the breach-of-contract analysis above, TQL's Complaint also included allegations that "Daniels formed EDA for the purpose of conducting freight arrangement services" and that "EDA holds freight brokerage authority granted by the Federal Motor Carriers Safety Administration." to Dismiss, Doc. Just Askin': What are the Seven Hills of Cincinnati, exactly? The agreement defines "Competing Business" to include "any entity that is engaged in shipping, third-party logistics, freight brokerage, truck brokerage, or supply-chain management services anywhere in the Continental United States." TQL, however, has not made such a showing here. 1977)). Total Quality Logistics, LLC v. Johnson et al, No. 1:2021cv00467 }); googletag.cmd.push(function() { googletag.defineSlot('/21776187881/fw-responsive-main_content-slot2', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767737710-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); literally needed to contact (spynerdy @ gmail) to get some of my funds back from them. TQL's claim for damages requires a showing of monetary injury, while TQL's claim for injunctive relief requires it to demonstrate "irreparable harm." A TQL representative confirmed at oral argument that the business from the potato starch shipment, in fact, eventually went to TQL. Jan. 19, 2007) (explaining that, while the violation of a covenant could constitute "irreparable harm," "[e]ach case presents a different factual scenario that must be independently reviewed to determine whether a breach will result, or has resulted, in irreparable harm"); see also Procter & Gamble Co. v. Stoneham, 747 N.E.2d 268, 280 (Ohio Ct. App. Inj. Horter Inv. TQL posted revenues of around $3.6 billion in 2019. Therefore, Defendants' argument falls flat. Total Quality Logistics 462 S 4th St, Louisville, Kentucky, United States, 40202-3466 Sharing is caring! But that misunderstands a plaintiff's obligation at the pleadings stage. In other words, the Court's denial of this motion is not an indication that the Court has concluded that injunctive relief is never available for harm of the type alleged here, but rather that TQL has not carried its burden of showing that such relief should be awarded now. of Texas v. Camenisch, 451 U.S. 390, 395 (1981) (explaining that "it is generally inappropriate for a federal court at the preliminary-injunction stage to give a final judgment on the merits"). ). Like its breach of contract claim, TQL's misappropriation of trade secrets claim rests on Daniels's alleged involvement with EDA logistics, a (potentially) competing freight-brokerage company. In short, the reason behind the drop off in Sunland's business is unclear. According to the noncompete Jacob Patterson signed, it prohibits him from working for a competing business defined as any person, firm, corporation, or entity that is engaged in shipping, third-party logistics, freight brokerage, truck brokerage or supply chain management services in the Continental United States for one year after leaving TQL. Total Quality Logistics v. Integrity Express Logistics, L.L.C. (Id. Secondly, TQL provided evidence that the Federal Motor Carrier Safety Administration granted the newly formed EDA Logistics "broker" motor carrier authority. 2d 767, 801 (E.D. (Doc. 6, "Sunland Customer Timeline"). The Irreparable Harm And Public Interest Factors Do Not Require A Preliminary Injunction. But Ohio has a doctrine that authorizes courts to reform overbroad noncompetes.. Get the latest business insights from Dun & Bradstreet. TQL filed its lawsuit in the Court of Common Pleas of Clermont County, Ohio on October 29, 2018. 12, "W. Va. Sec'y of State Bus. 1, "Daniels Resume"). to Dismiss, Doc. Sources familiar with the matter allege the mass firings were related to issues with setting up remote access using Citrix, the companys virtual network, and were not the result of employee underperformance issues, as Oaks and Tom Millikin, corporate communications manager of TQL, told FreightWaves at the time. Total Quality Logistics (TQL) Phoenix, AZ. The elements of a tortious interference with a contract claim are nearly identical to the elements of a tortious interference with a business relationship claim, the obvious difference being that the former involves intentional interference with a contract, not a business relationship. Gov't, 305 F.3d 566, 573 (6th Cir. 11K Followers, 189 Following, 1,740 Posts - See Instagram photos and videos from Total Quality Logistics (TQL) (@lifeattql) Former employees claim they were allowed to work from home in test waves, but the companys virtual network, Citrix, kept crashing in the days leading up to the mass firings. Use RevDex to write a review Reviews Trucking Transportation Brokers, Motor Freight Trucking, Logistics, Freight Forwarding Total Quality Logistics Total Quality Logistics Reviews ( 17) See Expert Janitorial, LLC v. Williams, No. window.googletag = window.googletag || {cmd: []}; Supreme Court of Ohio rules in favor of Bricker client, Total Quality 8, #99). On the first day of his new job, Daniels signed a non-compete and non-solicitation agreement. - 2021-Ohio-4242 googletag.pubads().enableSingleRequest(); However, multiple current and former TQL employees said they do not consider the company one of the best places to work and told FreightWaves they fear retaliation by TQLs aggressive legal team if they are named. (citing Twombly, 550 U.S. at 555). Total Quality Logistics (TQL) Employment and Reviews | SimplyHired Total Quality Logistics, LLC v. Integrity Express Logistics, LLC Download PDF Check Treatment Legal research that outperforms Westlaw and Lexis, starting at $100/month. See Fred Siegel Co. v. Arter & Hadden, 707 N.E.2d 853, 858 (Ohio 1999) (listing the elements of tortious interference with a contract). 2. Answered Apr 1, 2023. Any such search, review, and production performed at the direction of this Court in connection with the above-captioned lawsuit shall not be a violation of the Stored Communications Act, 18 U . 29, 2021). For over 15 years, we've specialized in arranging the transportation of full truckload shipments for thousands of companies across the country and various industry segments. These restrictions last only "for a period of one (1) year after termination or cessation of [Daniels'] employment." Accordingly, the Court will exclude $2,112.64 in billings that the Court deems useable in related litigation. Tenn. Mar. Med. Detail"). googletag.cmd.push(function() { googletag.pubads().enableSingleRequest(); Ohio Apr. 80589, 2002 WL 31667316, at *6 (Ohio Ct. App. window.googletag = window.googletag || {cmd: []}; On February 22, 2021, TQL filed a complaint in the Clermont County Court of Common Pleas, alleging (1) a breach of contract claim against Daniels; (2) a misappropriation of trade secrets claim against EDA Logistics and Daniels; (3) a tortious interference with a contract claim against EDA Logistics; and (4) a tortious interference with a business relationship against EDA Logistics. to Prelim. (Id. Mgmt., LLC v. Cutter, 257 F. Supp. 2:20-cv-1952, 2020 WL 1932896, at *4 (S.D. Federal Rule of Civil Procedure 8(a)(2) requires TQL to make a "short and plain statement of the claim showing that [it] is entitled to relief." The next day, March 9, 2021, TQL re-filed its motion for a preliminary injunction in this Court. Leary, 228 F.3d at 736 (quoting McPherson v. Mich. High Sch. Need some recourse against brokers. 2. Thus, the fact that TQL has pled a plausible breach of contract claim does not require the Court to find a plausible tortious interference with a business relationship claim. When Daniels left TQL, it triggered his one-year obligation under the non-compete and non-solicitation agreements. Inside Sales - Base Salary + Commission Job in Phoenix, AZ at Total Defendants' only real argument to the contrary is that these facts do not plausibly allege a violation of the non-compete because "TQL's complaint does not allege any specific facts that Defendant EDA is actually brokering freight." Council, Inc., 555 U.S. 7, 22 (2008). Both in their briefs and at the preliminary injunction hearing, Defendants argued that a preliminary injunction would harm all current and former TQL employees. 12, 2010) ("There is no requirement that contract damages be pled with detailed specificity. April 30, 2023 Full-Time About the role: As a Sales Representative for TQL Phoenix, you will build your own book of business while handling your customer's transportation needs 24/7/365. Ripping off carriers. Total Quality Logistics (TQL) (@lifeattql) - Instagram 17, 2021). Even so, Defendants' arguments are unpersuasive. window.googletag = window.googletag || {cmd: []}; googletag.cmd.push(function() { The lawsuit, filed Monday in federal court in Cincinnati, seeks to hold Total Quality Logistics responsible for the theft last month of financial information, includingbank account and Social Security numbers andtax ID numbers from companies with whom it does business. Selecting among these various competing possibilities requires information, which is what discovery is designed to facilitate. 16630 Southfield Ltd. P'ship v. Flagstar Bank F.S.B., 727 F.3d 502, 504 (6th Cir. Working at Total Quality Logistics | Glassdoor window.googletag = window.googletag || {cmd: []}; Plaintiff Total Quality Logistics, LLC ("TQL") is an Ohio limited liability company with its principal place of business in Clermont County, Ohio. Speech First, Inc. v. Schlissel, 939 F.3d 756, 763 (6th Cir. 2008)). That is a heavy burden to bear. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot6', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767872042-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); Inj. Total Quality Logistics Interviews Experience Positive 52% Negative 26% Neutral 22% Getting an Interview Applied online 55% Recruiter 26% Campus Recruiting 9% Difficulty 2.8 Average Hard Average Easy Apr 27, 2023 Sales Associate Interview Anonymous Employee in Chicago, IL No Offer Neutral Experience Difficult Interview Interview A massive data breach at a Cincinnati-area freight brokerage firm that does business across the U.S. and Canada has harmed tens of thousands of people, a lawsuit says. }); Tom Millikin, corporate communications manager of TQL, told FreightWaves at the time that he wasnt sure of the exact number of carriers who may have been affected by the security breach in its IT systems but was working with law enforcement and a cybersecurity firm to identify which carriers and customers may be impacted.. TQL recruits college graduatesRecruiters for TQL admit they seek college graduates to join their freight brokerage team as sales trainees, who are expected to make up to 100 cold calls per day. Mich. 2001). While Daniels apparently was taking these steps to form his new LLC, TQL was busy trying to figure out why it had experienced a significant drop in business with respect to one of its repeat customers, Sunland Trading, Inc. TQL had long undertaken efforts to attract Sunland's business. During his time at TQL, Daniels worked his way up from Logistics Account Executive Assistant, to Logistics Account Executive, to Saturday Group Leader, to Sales Team Leader. to Dismiss, Doc. However, the plaintiffs claim in the class-action suit they werent paid for the additional hours they worked and that TQL violated the Fair Labor Standards Act (FLSA) by not paying them overtime. Ohio 2020) case opinion from the Southern District of Ohio US Federal District Court Total Quality Logistics LLC v. Logistic Dynamics, LLC - Casetext Meizlish said he expects the Illinois class-action case over former TQL employees overtime complaint to go to trial before his. The non-solicitation half of the agreement, meanwhile, prohibits Daniels from "solicit[ing] any customer or tak[ing] any action to divert business from TQL." TQL simply has not made a "clear" showing that Daniels is actually competing against TQL. I have actually gone through a lot emotionally for over 9 months now and there has been no one to help me. (Doc. TQL has also come under fire for as many as 700 employees that were let go over a three-day period in mid-March amid the coronavirus pandemic. 1:17-CV-150, 2018 WL 1891354, at *7 (S.D. Illegally run business Milford Ohio Trucking Companies: TQL Milford, Ohio Author: Columbus, Ohio 9, Report #1299392 Apr 12 2016 03:37 PM TQL Total Quality Logistics TQL is stealing from owner operators.They are doing a fraud Cincinnati Ohio Unusual Rip-Off: TQL Cincinnati, Ohio Aaron Aanderud Commercial HVAC Technician. In an attempt to fill this analytical gap, TQL also offers evidence that, it says, not only shows that is Daniels is actually competing, but that he is specifically soliciting one of TQL's current customers. First, TQL submits that Daniels founded EDA Logistics, an LLC organized for conducting freight arrangement services. Life Ins. }); TQL states it has more than 5,000 employees in 57 offices across 26 states. Twombly, 550 U.S. at 555. Moreover, neither of the two emails 721 Logistics sent Daniels and Sunland concerning one of Sunland's potato starch shipments provide much additional insight. The regulating bodies in charge of controlling these establishments really need to do better! 1995)). A week ago, Patterson, who worked at TQL from August 2007 to April 2021, filed a lawsuit against TQL seeking damages and injunctive relief. Rather, the Complaint need only raise a "'plausible' inference" that Daniels has conducted freight-brokering services through EDA. (TQL's Exs. googletag.pubads().collapseEmptyDivs(); The full scope of the harm has yet to be realized, the lawsuit says. Total Quality Logistics, LLC v. Riffe - Casetext at 9(b)(vi)). Corp., 172 F. Supp. at 30, #49). Inj. Id. Overstreet v. Lexington-Fayette Urban Cnty. Schs., 160 F. Supp. Total Quality Logistics Reviews, Complaints, Customer Service Bell Atl. Make your practice more effective and efficient with Casetexts legal research suite. Total Quality Logistics v. Logistic Dynamics, Inc. - Casetext 2, 25, #49). Moreover, substantial time may pass between now and final resolution in this case, especially since discovery has yet to even begin. I lost my traction in the industry and have never really recovered. PNC. 1). Id. 13, 2018). Ohio May. Total Quality Logistics, LLC v. Johnson et al, No. It alleges many thousands of carriers and customers have been impacted. 2 at 2). (TQL's Exs. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot3', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767553440-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); The suit is filed on behalf of two trucking companies, one in Indiana and the other in Georgia, but it is seeking class-action status on behalf of other motor carriers who contract with TQL to deliver freight. She is an award-winning journalist known for her investigative and business reporting. (Id.). Aaron Grant 204 talking about this. Products & Services Logistics Services, Full Truckload, Intermodal, Less Than Truckload. 2012). However, employment talks with Patterson ended two weeks later after Austin spoke with Chris Brown, TQLs general counsel. Hackers, the company said, gained access to information in some of our carrier accounts.. TQL argues that a preliminary injunction would serve the public interest for two reasons. 1:21-cv-164 (S.D. The big problem with TQLs noncompete is that its drafted so broadly, everyone knows its overbroad and wont be enforced as written, said Pete Patterson. Its fast-paced, energetic s TQL Total Quality Logistics Then, when Michael Henshall left TQL in June 2018, he passed the Sunland account over to Daniels. googletag.enableServices(); Working at Total Quality Logistics (TQL): 2,319 Reviews | Indeed.com His company has filed litigation related to a nonsolicitation agreement only once in its 13-year-history. 2002) (citing United Food & Com. On January 4, 2016, Daniels landed a job as a Logistics Account Executive Trainee with TQL, a company that provides freight transportation and logistics services. (Mot. Resume Builder; Salary Estimator; My brother left TQL and did not want to do anything improper, so he didnt go to work for a broker. The freight brokerages overbroad language in the noncompete is so expansive that it would prohibit him from even driving for DoorDash, the lawsuit states. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot5', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767778941-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); The Court's principal understanding of those various roles comes from Marc Bostwick, a TQL employee who held these same positions during part of his 18-year tenure with TQL, and the only witness who either side called at the recent hearing on TQL's motion for a preliminary injunction. Johnson is a former employee of TQL who worked for TQL as a logistics account executive for approximately five months between April 23, 2018 through September 26, 2018. It is plausible that Daniels, who allegedly had no knowledge of the freight-brokerage business when he joined TQL, and who allegedly received and had access to trade secret information while at TQL, used those trade secrets to establish and (potentially) operate what appears to be a competing freight-brokerage business, EDA Logistics. Iqbal, 556 U.S. at 678. The company is considered the largest privately held company in the Cincinnati area, withannualrevenues of more than $3.5 billion. Had TQL taken the well-known risk of cyber-intrusion seriously and adequately tested, auditedand invested in its IT systems, and adequately trained its staff," the lawsuit says, the data breach would never have occurred.. (Id.). at 570. Hr'g, Ex. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot3', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767553440-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); Total Quality Logistics, LLC | Better Business Bureau Profile Jacob Patterson started at TQL in August 2007 and rose through the ranks to become a senior logistics account executive. Capital Corp., 258 F. App'x. As the plaintiff, TQL bears the burden of establishing that it is entitled to such relief. lets get these guys. Freight brokerage must face some claims over 2020 data breach (Compl., Doc. Defendants have not submitted any evidence to suggest that this is the case. IMO, their reps are not properly trained and harassing and DO NOT listen when you politely ask them NOT to call again. In order for these counts to move forward, then, TQL must plausibly allege the four traditional elements of a breach of contract claim: (1) the existence of a valid agreement; (2) that the plaintiff (TQL) performed; (3) that the defendant (Daniels) failed to perform; and (4) that TQL sustained injury. Matthew Wiles, a transportation and noncompete litigator representing TQL in the action, confirmed that his firm, Wiles Law of Upper Arlington, Ohio, had filed a motion requesting to add another party to the lawsuit..