Lawsuit: Former call agent violated NDA, retained company laptop and proprietary information after his exit

By Nicholas Malfitano | Dec 11, 2018

PHILADELPHIA – An ex-calling agent at a payment processing center is alleged to have taken a laptop computer containing confidential and proprietary business information after his release from the company, a recent lawsuit states.

Cotiviti USA, LLC of Atlanta, Ga., first filed suit in the Philadelphia County Court of Common Pleas on Oct. 24 versus Haeyden Cruz of West Babylon, N.Y and formerly of Philadelphia.

Per the litigation, Cruz was hired by Cotiviti as a calling agent in the company’s Blue Bell facility in September 2016 and provided with a laptop to use for business purposes. According to a non-disclosure agreement Cruz signed upon his employment starting, he agreed to return all company property in the event his employment ended, would be liable to pay all legal costs in the event of litigation and be subject to injunctive relief and a temporary restraining order in the event of breach of contract, the suit claims.

Cruz’s employment ended in June 2017 and he is said to have violated the agreement by “absconding” with company equipment and property, including the laptop in question.

After the sending of three letters requesting the laptop’s return, the initiation of litigation and failures to appear for scheduled depositions, Cruz was found in contempt of court on Feb. 28 and ordered to report to the Gordon & Rees law firm in Philadelphia for a deposition within five days and return the company equipment. However, the suit says Cruz did neither.

After a rule hearing was continued, Philadelphia County Court of Common Pleas Judge Daniel Anders issued a bench warrant for Cruz’s arrest, but it was vacated because Cruz now resides in New York State.

For counts of conversion, breach of contract and misappropriation of trade secrets, the plaintiff is seeking extensive relief, including a permanent injunction preventing the defendant from using, transmitting or destroying proprietary information, a return of a company laptop and any and all records or information, compensatory damages, reimbursement of attorney’s fees and costs, exemplary damages of twice any award made to plaintiff resulting from misappropriation of trade secrets and confidential information and any other relief the Court deems appropriate and proper.

The plaintiff is represented by Eric C. Rosenberg and Alexander Nemiroff of Gordon & Rees, in Philadelphia.

The defendant has not yet secured legal counsel, according to Court records.

Philadelphia County Court of Common Pleas case 171102268

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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Gordon & Rees Philadelphia County Court of Common Pleas

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