23-02657S

COMPLAINT
IN THE CIRCUIT COURT
OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR
SARASOTA COUNTY, FLORIDA
RIGHT WAY HOLDINGS, LLC
D/B/A RIGHT WAY ROOFING
Plaintiff vs.
DONALD STORM
Defendant
PARTIES
1. The Plaintiff is RIGHT WAY HOLDINGS, LLC., D/B/A RIGHT WAY ROOFING is a Florida Limited Liability Company and Fictious Name with its principal place of business located at 2146 Porter Lake, Drive, Unit B, Sarasota Florida 34240.
2. Donald Storm is an individual residing in Hillsborough County, Valrico, Florida.
JURSDICTION AND VENUE
3. This is a Complaint for Temporary and Permanent Injunction and Breach of Employment Contract against the Defendant.
4. This Court has jurisdiction over the Defendant as all the facts and circumstances took place or came from Sarasota County, Florida and venue is appropriate in this Court as all significant breaches and events relating to the cause of action occurred in Sarasota County.
ALLEGATIONS
5. The Plaintiff, RIGHT WAY HODLINGS, LLC., D/B/A RIGHT WAY ROOFING is a Florida Limited Liability operating from Sarasota County, Florida.
6. On or about December 5, 2022, the Plaintiff, RIGHT WAY HODLINGS, LLC., D/B/A RIGHT WAY ROOFING (hereinafter referred to as “RIGHT WAY” and Defendant, DONALD STORM (hereinafter referred to as “STORM”) entered into an Employment Contract. Attached hereto as Exhibit “A”
7. The Employment Contract covers the scope of the relationship between the parties.
8. The Plaintiff employed STORM in the capacity of a Sales Manager and “Shall provide to Right Way Roofing duties as needed.”
9. In Section 6 CONFIDENTIALITY the agreement sets out what STORM recognizes and agrees the following:
'- inventions
- products
- product design
- processes
- technical matters
- trade secrets
- copyrights
- customer lists
- prices
- costs
- discounts
- business affairs
- future plans
- All Information and trade secrets and other vital information items (collectively, “Information”) which are valuable, special and unique assets of Right Way Roofing. Donald Storm agrees that Donald Storm will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any Information to any third party without the prior written consent of Right Way Roofing. Donald Storm will protect the Information and treat it as strictly confidential. A violation by Donald Storm of this paragraph shall be a material violation of this Contract and will justify legal and/or equitable relief. This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made under seal.” See attached Exhibit A
10. Section 7 UNAUTHORIZED DISCLOSURE OF INFORMATION clearly grants RIGHT WAY is entitled to an injunction to restrain Donald Storm from disclosing, in whole or in pan, such Information, or from providing any services to any party to whom Information has been disclosed pr may disclosed. See Attached Exhibit A
11. Section 13 RETURN OF PROPERTY, STORM is to return to RIGHT WAY all property which belongs to is Right Way Roofing. See Attached Exhibit A
12. The Employment Contract has a two-year Confidentiality provision after termination.
13. Part of STORM's employment was to aid designing a computer application named “RoofWyze” which was to enable RIGHT WAY to produce estimates for potential customers by utilizing satellite photography. See Attached Exhibit A
14. STORM work on “RoofWyze” was exclusively done under his employment and at the direction ofRIGHT WAY.
15. STORM purchased the domain vvww.roofWyze.com while he was still employed by RIGHT WAY.
16. On March 14, 2023, resigned from RIGHT WAY thus terminating his employment.
17. After leaving the employment, changed the portal password which is how the developer of the application is comminated with by RIGHT WAY and contains information and trade secrets exclusively by RIGHT WAY. This act by STORM left RIGHT WAY no ability to contact the developer of the application that they own.
18. On the March 14, 2023, RIGHT WAY sent to STORM an Order to Cease and Desist his actions in regard to RIGHT WAY property including the “RootWyze” application. Furthermore, it demands STORM changing the password to the portal as a direct violation of the Employment Contract.
19. Despite being placed on Notice to cease and desist his actions STORM continues to cause ham to RIGHT WAY.
20. The Defendant's actions has cause serious and detrimental harm to the Plaintiff.
21. The Plaintiff have been forced to retain the undersigned and pay reasonable attorney fees and costs.
COUNT I-REQUEST FOR
INJUNCTIVE RELIEF
PURSUANT TO FLA. STAT § 542
22. Plaintiff adopts and realleges paragraphs 1-21 as set forth herein.
23. Plaintiff is the sole owner of the application (property) “RootWyze” pursuant to the Employment Contract.
24. The Defendant was an employee of the Plaintiff and signed the Employment Contract and is held to the terms and conditions of said contract.
25. The Employment Contract sets out that the Plaintiff owns the inventions and products, including the application ''RoofWyze” and all the trade secrets, product design, and all the information to create “RoofWyze.”
26. The Defendant actions has caused immediate and imminent damage and the Plaintiff is in imminent danger of suffering irreparable harm as a result of the Defendant's actions.
27. The Plaintiffs have no adequate remedy at law.
28. The Plaintiff have a substantial likelihood of success on the merits.
29. The harm being caused to the Plaintiff by the Defendant outweighs any potential harm to the Defendant by the entry of an injunction.
30. The Court's granting of injunctive relief, under these circumstances, would not offend the public interest.
WHEREFORE, the Plaintiff RIGHT WAY HOLDINGS, LLC D/B/A RIGHT WAY ROOFING prays this Court enter and temporary and permanent injunctive relief against the Defendant DONALD STORM that:
a. enjoins the Defendant from using, divulging or take any action with respect to the Plaintiff's property and turn over any information in whatever form it may be in that belongs to the Plaintiff.
b. enjoins the Defendant from blocking access to the developers portal and surrendering the logon and password and bar any communication in regards to the Plaintiffs property by the Defendant with the developer.
c. enjoins the Defendant form using www.RoofWyze.com in any manner.
d. Such order further relief this Court deems fair and just.
COUNT II-BREACH OF
EMPLOYMENT CONTRACT
31. Plaintiff adopts and realleges paragraphs 1-21 as set forth herein.
32. The Plaintiff and Defendant entered into an Employment Contract.
33. The Defendant has breached that Employment Contract by using information gained through his employment with the Plaintiff that belongs exclusively to the Plaintiff.
34. The breach has caused damage to the Plaintiff's business.
WHEREFORE, the Plaintiff RIGHT WAY HOLDINGS, LLC D/B/A RIGHT WAY ROOFING prays this Court demands judgment for damages against the Defendant DONALD STORM, including attorney fees, costs and such other further relief this Court deems just and proper
/s/ Grayden M. Dough, Esq.
GRAYDEN M. DOUGH, PA
Grayden Dough, Esquire
Florida Bar No. 469572
PO BOX 1351
Port Richey, FL 34673
TEL 727/798-2280
[email protected]
EMPLOYMENT CONTRACT
This Employment Contract (this “Contract”) is made effective as of December 05, 2022, by and between Right Way Roofing of 2147 Porter Lake Drive Unit B, Sarasota, Florida, 34240 and Donald Storm of 2408 Tea Olive Terrace, Valrico, Florida, 33594.
A. Right Way Roofing is engaged in the business of Roofing. Donald Storm will primarily perform the job duties at the following location: 2147 Porter Lake Drive Unit B, Sarasota, Florida.
B. Right Way Roofing desires to have the services of Donald Storm.
C. Donald Storm is an at will employee of Right Way Roofing. Either party is able to terminate the employment agreement at any time. Therefore, the parties agree as follows:
1. EMPLOYMENT. Right Way Roofing shall employ Donald Storm as a(n) Sales Manager. Donald Storm shall provide to Right Way Roofing duties as needed. Donald Storm accepts and agrees to such employment, and agrees to be subject to the general supervision, advice and direction of Right Way Roofing and Right Way Roofing's supervisory personnel.
2. BEST EFFORTS OF EMPLOYEE. Donald Storm agrees to perform faithfully, industriously, and to the best of Donald Storm's ability, experience, and talents, all of the duties that may be required by the express and implicit terms of this Contract, to the reasonable satisfaction of Right Way Roofing. Such duties shall be provided at such place(s) as the needs, business, or opportunities of Right Way Roofing may require from time to time.
3. COMPENSATION OF EMPLOYEE. As compensation for the services provided by Donald Storm under this Contract, Right Way Roofing will pay Donald Storm an annual salary of $ 100,000.00 payable in accordance with Right Way Roofing's usual payroll procedures and subject to applicable federal, state, and local withholding. Upon termination of this Contract, payments under this paragraph shall cease; provided, however, that Donald Storm shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which Donald Storm has not yet been paid, and for any commission earned in accordance with Right Way Roofing's customary procedures, if applicable. This section of the Contract is included only for accounting and payroll purposes and should not be construed as establishing a minimum or definite term of employment.
4. COMMISSION PAYMENTS. In addition to the payments under the preceding paragraph, Right Way Roofing will make commission payments to Donald Storm based on 1% of Revenue. This commission will be paid weekly, no later than ten days after the payroll period that ended on the preceding Friday.
Accounting. Right Way Roofing shall maintain records in sufficient detail for purposes of determining the amount of the commission. Right Way Roofing shall provide to Donald Storm a written accounting that sets forth the manner in which the commission payment was calculated.
Right to Inspect. Donald Storm, or Donald Storm's agent, shall have the right to inspect Right Way Roofing's records for the limited purpose of verifying the calculation of the commission payments, subject to such restrictions as Right Way Roofing may reasonably impose to protect the confidentiality of the records. Such inspections shall be made during reasonable business hours as may be set by Right Way Roofing.
5. RECOMMENDATIONS FOR IMPROVING OPERATIONS. Donald Storm shall provide Right way Roofing with all information, suggestions, and recommendations regarding Right Way Roofing's business, of which Donald Storm has knowledge, that will be of benefit to Right Way Roofing.
6. CONFIDENTIALITY. Donald Storm recognizes that Right Way Roofing has and will have information regarding the following:
- inventions
- products
- product design
- processes
- technical matters
- trade secrets copyrights
- customer lists
- prices
- costs
- discounts
- business affairs
- future plans
- All Information and trade secrets and other vital information items (collectively, “Information”) which are valuable, special and unique assets of Right Way Roofing. Donald Storm agrees that Donald Storm will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any Information to any third party without the prior written consent of Right Way Roofing. Donald Storm will protect the Information and treat it as strictly confidential. A violation by Donald Storm of this paragraph shall be a material violation of this Contract and will justify legal and/or equitable relief.
This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made under seal.
7. UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears that Donald Storm has disclosed (or has threatened to disclose) Information in violation of this Contract, Right Way Roofing shall be entitled to an injunction to restrain Donald Storm from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed. Right Way Roofing shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
8. CONFIDENTIALITY AFTER TERMINATION OF EMPLOYMENT. The confidentiality provisions of this Contract shall remain in full force and effect for a period of 2 years after the voluntary or involuntary termination of Donald Storm's employment. During such period, neither party shall make or permit the making of any public announcement or statement of any kind that Donald Storm was formerly employed by or connected with Right Way Roofing.
9. EMPLOYEE'S INABILITY TO CONTRACT FOR EMPLOYER. Donald Storm shall not have the right to make any contracts or commitments for or on behalf of Right Way Roofing without first obtaining the express written consent of Right Way Roofing.
10. TERM/TERMINATION. Donald Storm's employment under this Contract shall be for an unspecified term on an “at will” basis. This Contract may be terminated by Right Way Roofing upon 1 day written notice, and by Donald Storm upon 2 weeks written notice. If Donald Storm is in violation of this Contract, Right Way Roofing may terminate employment without notice and with compensation to Donald Storm only to the date of such termination. The compensation paid under this Contract shall be Donald Storm's exclusive remedy.
11. TERMINATION FOR DISABILITY. Right way Roofing shall have the option to terminate this Contract, if Donald Storm becomes permanently disabled and is no longer able to perform the essential functions of the position with reasonable accommodation. Right Way Roofing shall exercise this option by giving 1 week written notice to Donald Storm.
12. COMPLIANCE WITH EMPLOYER'S RULES. Donald Storm agrees to comply with all of the rules and regulations of Right Way Roofing.
13. RETURN OF PROPERTY. Upon termination of this Contract, Donald Storm shall deliver to Right Way Roofing all property which is Right Way Roofing's property or related to Right Way Roofing's business (including keys, records, notes, data, memoranda, models, and equipment) that is in Donald Storm's possession or under Donald Storm's control. Such obligation shall be governed by any separate confidentiality or proprietary rights agreement signed by Donald Storm.
14. NOTICES. All notices required or permitted under this Contract shall be in writing and shall be deemed delivered when delivered in person or on the third day after being deposited in the United States mail, postage paid, addressed as follows:
Employer:
Right Way Roofing
Colton Fallows
CEO
2147 Porter Lake Drive Unit B
Sarasota, Florida 34240
Employee:
Donald Storm
2408 Tea Olive Tenace
Valrico, Florida 33594
Such addresses may be changed from time to time by either party by providing written notice in the manner set forth above.
15. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties.
16. AMENDMENT. This Contract may be modified or amended, if the amendment is made in writing and is signed by both parties.
17. SEVERABILITY. If any provisions of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
EXHIBIT B
EMPLOYMENT CONTRACT
Order to Cease and Desist:
Right Way Roofing
2147 Porter Lake Drive Unit B
Sarasota, FL 34240
Hereby orders:
Donald Storm
2408 Tea Olive Terrace
Valrico, FL 33594
To cease and desist from all actions in regards to Right Way Roofing including but not limited to RoofWyze (Intellectual Property of Right Way Roofing) and all
- inventions
- products
- product design
- processes
- technical matters
- trade secrets
- copyrights
- customer lists
- prices
- costs
- discounts
- business affairs
- future plans
- All Information and trade secrets
Per your employment agreement dated 12-6-2022 you agreed to follow the following contractual obligations and agreements.
6. CONFIDENTIALITY. Donald Storm recognizes that Right Way Roofing has and will have information regarding the following:
- inventions
- products
- product design
- processes
- technical matters
- trade secrets
- copyrights
- customer lists
- prices
- costs
- discounts
- business affairs
- future plans
- All Information and trade secrets
and other vital information items (collectively, “Information”) which are valuable, special and unique assets of Right Way Roofing. Donald Storm agrees that Donald Storm will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any Information to any third party without the prior written consent of Right Way Roofing. Donald Storm will protect the Information and treat it as strictly confidential. A violation by Donald Storm of this paragraph shall be a material violation of this Contract and will justify legal and/or equitable relief. This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made under seal.
7. UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears that Donald Storm has disclosed (or has threatened to disclose) Information in violation of this Contract, Right Way Roofing shall be entitled to an injunction to restrain Donald Storm from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed. Right Way Roofing shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
8. CONFIDENTIALITY AFTER TERMINATION OF EMPLOYMENT. The confidentiality provisions of this Contract shall remain in full force and effect for a period of 2 years after the voluntary or involuntary termination of Donald Storm's employment. During such period, neither party shall make or permit the making of any public announcement or statement of any kind that Donald Storm was formerly employed by or connected with Right Way Roofing.
On 3/14/2023 Donald Storm resigned from his position which has been accepted.
RoofWyze is property of Right Way Roofing and any actions taken by Donald Storm to cause damage, steal, discuss, harm, or any actions taken against or in relation to Roofwyze will justify equitable relief and will be pursued. Actions that will be pursued do include changing the password on Freelancer. This will inhibit Right Way Roofing's ability to continue with the IP after your employment and will be seen as an action you caused therefore causing damages in which equitable relief will be justified. You are ordered to cease and desist from any changes or communication through 3rd party agents or anyone else in regards to RoofWyze.
December 15, 22, 2023 23-02657S

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