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Ken Staples, former Guardian employee, filed a counterclaim against Guardian Auto Glass LLC, Sep twelve. In the counterclaim, filed in the United States District Court for the Eastern District of Virginia, Alexandria Division, Staples announces that his non-competition agreement with Guardian prevents him from future work possibilities. 

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"The non-competition agreement in unenforceable as to Staples in that by its extraordinarily terms, it restricts work of Mr. Staples in any capacity," reads the counterclaim. "For example, by its terms, the non-competition agreement would proscribe Mr. Staples from working as a cleaner, janitor or night look out for any of Guardian's rivals. There simply is no legit business reason for the inclusion of such an all-encompassing, one size fits everyone, functional limitation in the non-competition agreement." 

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In the counterclaim, Staples declares damages in the total amount of $150,000. According to court documents, "Staples has incurred and will continue to suffer financial damages, loss of revenue, loss of business venture, future monetary damages, and legal fees, costs and costs in an amount not yet absolutely determined but expected to surpass $75,000." Staples goes on to claim the same $75,000 in foreseen losses because of Guardian's preliminary injunction. 

Robert Staples signed an "Invention, Declaration, Confidentiality and Non-Competition Agreement" with Guardian Auto Glass in Nov of 2010. According to Staples' petition for declaratory judgment filed in Virginia, he "left Guardian Glass as he became uncomfortable with certain practices of the respondent which he apparently bent and doubtless unlawful." 

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Staples later accepted employment at a Glass America location in Fairfax, Va, which is inside one hundred mile radius of the Guardian location where he was employed. Staples and Glass America received a communication from Guardian's attorney asking for "enforcement of the provisions of the non-competition agreement" and warning of impending action in the courts in Michigan. 

The case was latterly moved to Virginia from Michigan after Guardian moved to hold Staples, a Virginia resident, in disregard for failure to appear. 

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The Eastern District of Virginia, Alexandria court previously denied a motion to dismiss from Guardian.