}); The new salespeople TQL hires are on a very short leash and they are expected to make hundreds of cold calls all of the time and its very hard to find new customers, Meizlish said. 2000). googletag.cmd.push(function() { My brother left TQL and did not want to do anything improper, so he didnt go to work for a broker. googletag.cmd.push(function() { A week ago, Patterson, who worked at TQL from August 2007 to April 2021, filed a lawsuit against TQL seeking damages and injunctive relief. gptAdSlots.push(gptSlot); googletag.pubads().collapseEmptyDivs(); (Id. Neither piece of evidence, considered alone or in conjunction, shows a "strong likelihood" that Daniels is actually competing with TQL. 8). googletag.pubads().collapseEmptyDivs(); (Mot. 1). Total Quality Logistics faces a class-action lawsuit in federal . Two days after Patterson filed suit against TQL, the freight brokerage filed a motion seeking to add PBJ Express, a 43-truck carrier, to the suit, despite Patterson tendering his resignation. 10, 11, "Potato Shipment Emails"). Maybe Sunland does not like the new TQL logistics account executive who now manages its account; perhaps COVID-19 hit Sunland hard and it decreased shipments across the board; or maybe Sunland just transferred its business to a new logistics company (other than EDA Logistics). (citing Twombly, 550 U.S. at 555). "This is because the preliminary injunction is an 'extraordinary remedy involving the exercise of a very far-reaching power, which is to be applied only in the limited circumstances which clearly demand it.'" Co., 661 N.E.2d 218, 226 (Ohio Ct. App. But that misunderstands a plaintiff's obligation at the pleadings stage. But, as "[p]reparing to compete is not equivalent to competing," this evidence alone is insufficient to support a preliminary injunction. to Dismiss, Doc. 2, 16, #47; TQL's Exs. In late 2015, Ryan Daniels, "a seasoned sales professional," was on the job hunt. Rather, the Complaint need only raise a "'plausible' inference" that Daniels has conducted freight-brokering services through EDA. 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. Hackers accessed and in a growing number of cases"have used the information to conduct fraudulent transactions,according to the lawsuit. 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. Ohio 2017) (citing Garofalo v. Chicago Title Ins. Capital Corp., 258 F. App'x. window.googletag = window.googletag || {cmd: []}; googletag.pubads().enableSingleRequest(); Daniels' resume from that period highlighted his ten years of "sales and management experience," which included time working as an Assistant Manager at Footlocker, a seven-year stint as a Universal Sales Consultant with Verizon Telecom, and his rather recent tenure as a Financial Representative with Northwestern Mutual. (Id. On behalf of my brother, we have now sued TQL, alleging that it has interfered with his efforts to get a job outside of the trucking industry, said Pete Patterson, Jacob Pattersons brother and a partner at Washington-based boutique litigation firm Cooper & Kirk. The parties will have ample opportunity to access specific damage information through the discovery process."). Managers also reminded them of the noncompete agreements they signed on their first day of employment with the logistics firm and that it would be enforced if they sought work with another brokerage firm within one year of leaving TQL. See Vozary, 82 N.E.3d at 1186 (holding that an ex-employee opening a successful competitor does not, without additional evidence, support a misappropriation of trade secrets claim). Managers also reminded them of the noncompete agreements they had signed on their first day of employment with the freight brokerage and that it would be enforced if they went to work at another brokerage within one year of leaving TQL. (Compl., Doc. That said, a finding that there is no likelihood of success on the merits tips that balance in such a way that is "usually fatal" to the request for a preliminary injunction. at 30, #49). Therefore, on balance, the Court concludes that TQL is not entitled to a preliminary injunction at this time. If you have a news tip or story idea, send her an email to, Copyright 2023, All Rights Reserved, FreightWaves, Inc, Judge delays trial date in TQL overtime class-action lawsuit, Loaded & Rolling (Enterprise Fleet News/Analysis), joined a class-action complaint against TQL f, that were let go over a three-day period in mid-March amid the coronavirus pandemic, Trial dates rescheduled because of COVID-19. The suit, filed by Dinsmore & Shohl on behalf of Total Quality Logistics, accuses Dugger of misappropriating confidential information and violating his non-competition and non-solicitation agreements. The first factor is whether TQL has demonstrated "a strong likelihood of success on the merits." 8, #96). googletag.cmd.push(function() { at 556. 29, 2021). Notable Alumni. Inj. 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 . J. Feldkamp Design Build. Gov't, 305 F.3d 566, 573 (6th Cir. To start, neither party has identified how the failure to enter a preliminary injunction would harm third parties. Meizlish said he expects the Illinois class-action case over former TQL employees overtime complaint to go to trial before his. Total Quality Logistics, LLC, located in Cincinnati, Ohio, offers truckload freight brokerage services. 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()); Importantly, all of TQL's claims require proof that Daniels is (or, at least, has been) actually competing against TQL. In fact, the records that TQL provided at the evidentiary hearing showed that TQL's logistics accounts executives began calling on Sunland as early as 2016. for Prelim. 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. 12, 2010) ("There is no requirement that contract damages be pled with detailed specificity. In the meantime, Defendants filed a 12(b)(6) motion to dismiss. Its fast-paced, energetic s TQL Total Quality Logistics Notably, nowhere in either email chain does Daniels respond to, or reach out to, Sunland. (Id. The Court also DENIES TQL's Motion for a Preliminary Injunction (Doc. 1:21-cv-164 (S.D. Winter v. Nat. googletag.enableServices(); If so, damages would naturally arise. Accordingly, the Court will exclude $2,112.64 in billings that the Court deems useable in related litigation. The company is considered the largest privately held company in the Cincinnati area, withannualrevenues of more than $3.5 billion. 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. See Hartman v. Acton, No. (NCA at 9(b)). This is not enough to state a claim, Defendants contend, because, TQL "failed to allege that EDA actually engages in freight brokerage." Inj. (Mot. Connect with Bricker online via Twitter, Facebook and LinkedIn . at #94). Total Quality Logistics v. Integrity Express Logistics, L.L.C. googletag.cmd.push(function() { googletag.cmd.push(function() { Representing a wide variety of clients, the firm has particular strength and focus representing business in a variety of areas including transportation, health care, public sector, financial services, and energy industries. And, although it is certainly possible that Sunland transferred its business to EDA Logistics, the Court has yet to see evidence suggesting a "strong likelihood" that is the case. TQL faces lawsuit over data breach. 3); and (2) Defendants EDA Logistics ("EDA") and Ryan Daniels' (collectively, "Defendants") Motion to Dismiss TQL's Complaint (Doc. Hr'g, Exs. Id. Defendants move to dismiss both counts on the ground that TQL's Complaint fails to plausibly allege that Daniels "failed to perform"i.e., that Daniels breached his non-compete agreement. TQL is a multi-billion dollar leader in the 3rd party logistics industry. (TQL's Exs. TQL undoubtedly intended to ask him, under oath, about his past and current business activities. Inj. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. To be sure, it is also possible, as Defendants seem to suggest, that Daniels is just preparing to compete, and has yet to actually engage in any competitive activity. Dont miss the hottest freight event of the summer! 29, 2021). When Daniels left TQL, it triggered his one-year obligation under the non-compete and non-solicitation agreements. Inj. to Prelim. Importantly, the freight-brokering business is precisely the industry that the NCA precludes Daniels from competing in until June 2021. There is no clearly defined line. Med. We looked at the docket of Clermont County Court of Common Pleas for the last five years and there are between 400 and 500 cases with TQL as the plaintiff, Pete Patterson told FreightWaves. IMO, their reps are not properly trained and harassing and DO NOT listen when you politely ask them NOT to call again. Therefore, Defendants continue, TQL's Complaint "does not sufficiently allege that Daniels's employment violates the NCA." What is the vacation policy like at Total Quality Logistics (TQL)? 2, "Daniels Hiring Email"). 3. They threaten with a Carrier411 write up that could bankrupt a company. A lawsuit charges that Total Quality Logistics, LLC BB #:203922 Cincinnati, had a massive data breach that has allegedly harmed thousands of people. The Irreparable Harm And Public Interest Factors Do Not Require A Preliminary Injunction. At that time, TQL experienced an additional 61% drop in Sunland's business. Total Quality Logistics. TQL's records show a 41% drop in revenues from Sunland from quarter one of 2020 to quarter two of that same year, while Daniels was still with TQL. Your name will not be used without your permission in a follow-up article. 2, Ex. IT will be adding more servers to our network to improve the speed and quality for our work-from-home users. 2000) (quoting Direx Israel, Ltd. v. Breakthrough Med. View All Competitors. at 9(b)(vi)). (Compl., Doc. 1:18-cv-00796, see flags on bad law, and search Casetext's comprehensive legal database . I had a stressful situations going on and they were so patient with me and did help me through this. at 9(b)). That is, the Court's reporting of the "facts" here should not be understood as a finding that those are the actual facts of this case. Id. Facts and Procedural History { 2} TQL is a freight broker and third-party logistics company headquartered in Clermont County, Ohio. Those sending messages critical of the companys leadership or complaints to managers about not being able to work remotely were added to a list of those to be fired, despite their title or value to TQL, one employee told FreightWaves. Many rival logistics firms now use nonsolicitation agreements in lieu of noncompetes. (Bostwick Test., Hr'g on Prelim. Our IT security teams identified the issue quickly and countered immediately to secure all online information.. Corp., 172 F. Supp. As of 2016, Oaks was listed as Cincinnatis wealthiest person, with a net worth estimated at $980 million, according to Forbes. Workers Union, Local 1099 v. Sw. Ohio Reg'l Transit Auth., 163 F.3d 341, 347 (6th Cir. 5,500 employees. (TQL's Exs. googletag.cmd.push(function() { (Doc. 13, 2018). 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. Allegations that the defendant committed an element of the claime.g., "defendants colluded"are mere "conclusory" statements that do not suffice to state a claim under Fed R. Civ. googletag.enableServices(); All said, TQL's evidence certainly shows that it is possible that Daniels is soliciting Sunland's business and that he is operating EDA Logistics as a direct competitor to TQL. Computer systems at Total Quality Logistics ( TQL) were compromised in a cyber-attack that took place on February 23. Bostwick testified that Daniels' primary responsibility in those various roles was to manage customer accounts. Total Quality Logistics (TQL) Phoenix, AZ. Therefore, Defendants' argument falls flat. If you are ever in need of such service, you can contact them via: [emailprotected], [emailprotected] or WhatsApp: +1 (863) 254-2842. to Dismiss, Doc. TQL commenced an internal investigation where it learned the facts alluded to abovethat Daniels had both started EDA Logistics and obtained "broker" authority. During 2020 and continuing into this year, Sunland's book of business with TQL steadily shrunk. (Id.). On November 16, 2019, DeSantis removed the case to this Court based on . 3); and (2) Defendants EDA Logistics ("EDA") and Ryan Daniels' (collectively, "Defendants") Motion to Dismiss TQL's Complaint (Doc. (TQL's Exs. (Compl., Doc. Hr'g, Ex. We have blocked their phone numbers from ringing in our phone system. (citing Twombly, 550 U.S. at 556). at 570. The contract at issue here is Daniels' non-compete agreement. 8). Inj. The Court thus DISMISSES TQL's claim for tortious interference with a business relationship. This means you're the single point of contact to get the job done right the first time, every time. (NCA at 10). PNC. at 26, #49). Call Us 24/7/365 800.580.3101. 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()); to Dismiss, Doc. But at this point in the process, federal pleading standards require TQL only to plausibly allege that Daniels is misappropriating trade secrets. 2, 25, #49). Aaron Beeman Business Development Manager. The full scope of the harm has yet to be realized, the lawsuit says. The two emails show that 721 Logistics copied Daniels on an early correspondence concerning this shipment from Sunland. The long-awaited trial in the overtime compensation class-action lawsuit brought by former Total Quality Logistics (TQL) employees has been pushed back because of the COVID-19 pandemic. googletag.cmd.push(function() { googletag.pubads().collapseEmptyDivs(); But the agreement further provides that the one-year period would be tolled for any period of time during which Daniels was in violation of his obligations under those terms. Here, the allegations in the Complaint are that Daniels is competing with TQL for business, which creates a plausible inference that he is experiencing at least some success in that regard. 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's Exs. googletag.enableServices(); }); Pete Patterson has been involved in his brothers legal battle since May 2021 over TQLs claims that Jacob Patterson had violated his noncompete when he went to work for asset-based carrier PBJ Express. MATTHEW W. MCFARLAND, JUDGE. Total Quality Logistics' Competitors. 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. Org. Inj. TQL posted revenues of around $3.6 billion in 2019. I need to desperately access my husbands whatsapp to find out what as been keeping him away from home but no hacker was down to assist me until I contacted wisetechacker @gmail com I actually have been able to get access to my husbands whatsapp messages and gotten all evidence I needed for this divorce. 21, 2020) (collecting cases). 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. 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 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. (Id.). Austin also worked at TQL for seven years, according to his bio on LinkedIn. The bench trial was scheduled to start on July 13. }); The long-awaited trial in the overtime compensation class-action lawsuit brought by former Total Quality Logistics (TQL) employees has been pushed back because of the COVID-19 pandemic. (Id.). (Doc. Twombly, 550 U.S. at 555. to Prelim. If you need a reliable and experienced fund retrieval expert. That is a heavy burden to bear. Ohio May. at 9(b)(iii)). 2d 431, 433 (N.D. Ohio 1998) (citing Garlock, Inc. v. United Seal, Inc., 404 F.2d 256, 257 (6th Cir. 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()); (citing Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (per curiam)). Speaks volumes about the revolving door there. Given the nature of the hearing, the Court considers both the information from the Complaint and the evidence from that hearing to be preliminary in nature. Id. RTS Financial. Cary Corp. v. Linder, No. Total Quality Logistics. I lost my traction in the industry and have never really recovered. (Compl., Doc. window.googletag = window.googletag || {cmd: []}; 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. at 9(f)). }); Some told FreightWaves that workers were fired because the company simply didnt have the technological bandwidth to support all of its employees working remotely. Overstreet v. Lexington-Fayette Urban Cnty. Leary, 228 F.3d at 736 (quoting McPherson v. Mich. High Sch. At-a-glance. As there is little evidence that Daniels is violating his non-compete, any resulting injury to TQL is necessarily speculative, as well. From that point forward, Daniels handled Sunland's business until he left TQL, in June 2020. 1992). A TQL representative confirmed at oral argument that the business from the potato starch shipment, in fact, eventually went to TQL. to Prelim. If it turns out that Daniels, in fact, did not violate his non-compete, then he is entitled to compete after that date, and any preliminary injunction then in place would improperly interfere with the public's interest in free competition. 29, 2021). 2015) (citations omitted). Carriers and Trucks are the backbone of this industry. We are still gathering details, but it appears it was initially an information/data phishing attempt, according to Byrnes email to carriers. (TQL's Exs. googletag.enableServices(); Martin v. Jones, 41 N.E.3d 123, 141 (Ohio Ct. App. 1995)). googletag.pubads().collapseEmptyDivs(); TQL presses two counts based on this alleged breach, one seeking damages and the other injunctive relief, but the underlying conduct (breach of contract) is the same. TQL Total Quality Logistics #1 most crooked Brokers in the nation. Your California Privacy Rights / Privacy Policy. window.googletag = window.googletag || {cmd: []}; But it is at least as likely that Daniels has already conducted fright brokering services under the authority granted to his newly formed LLC. googletag.enableServices(); Inj. Now, I dont know if all of those are over noncompetes; I havent looked at the complaints in those cases. 2023 www.cincinnati.com. 3. Rather, the Court must rely on the evidence that TQL did present. (Bostwick Test., Hr'g on Prelim. She is an award-winning journalist known for her investigative and business reporting. Total Quality Logistics (TQL) insights Based on 1,294 survey responses What people like Feeling of personal appreciation Supportive environment Ability to learn new things Areas for improvement Overall satisfaction Fair pay for job Time and location flexibility Lots of "fun" things for the company events but lacks good managers and directions. TQL has provided several pieces of evidence in this regard. In fact, the Supreme Court expressly rejected the "possibility" standard as "too lenient," and instead required a higher showing on the grounds that a preliminary injunction is an "extraordinary remedy" with the dangerous potential to unjustly restrain the subject's liberty. window.googletag = window.googletag || {cmd: []}; 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. (TQL's Exs. But the "mere possibility of success" is not enough to justify a preliminary injunction. (Id. However, former TQL employees told FreightWaves they estimate that only around 5% actually make it once they transition to a commission-only pay system. Company Profile. Send your complaint to this team now, you can find them on google. 1997) (en banc)). In fact, allegations in the complaint need not even be particularly convincing. (Id.). 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. at 9(b)(i)). 29, 2021). (Doc. Rather, the facts in the complaint need only "raise a reasonable expectation that discovery will reveal evidence" that supports the plaintiff's claims. Total Quality Logistics (TQL) Phoenix, AZ. All that is there is the subject-line header, which indicates that the emails concerned a potato starch shipment. Finally, the Court considers the effect of a preliminary injunction on the public interest. Total Quality Logistics, LLC v. Cornelius Leasing Sys ., Inc ., No. (Id.). Total Quality Logistics, LLC v. Alliance Shippers, Inc. et al, No. 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. 's, Inc. v. Int'l Bus. Ex-employees claim they did not receive severance packages and that their health benefits were canceled within hours after they were terminated. TQL's claim for damages requires a showing of monetary injury, while TQL's claim for injunctive relief requires it to demonstrate "irreparable harm." Click for more articles by Clarissa Hawes. According to court filings, Patterson started looking for employment outside the transportation industry in early August and entered employment discussions with Justin Austin, who was recently promoted to Midwest regional select practice leader/partner for USI Insurance Services. (Id. Dont miss the hottest freight event of the summer! 17, 2021). 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.