ST. LOUIS – A transport company is suing a former employee under Missouri’s Computer Fraud and Abuse Act for allegedly stealing confidential company information after his termination.
The lawsuit was filed in the U.S. District Court for the Eastern District of Missouri on April 20. It seeks the permanent and preliminary injunction and other forms of relief.
According to its website, Transit Pros is “America’s largest sub haul coordinator specializing in fast medium and heavy-duty towing, transportation and ERS.” Transit Pros alleges in the complaint that through a “nationwide network of vendors” they facilitate “the transfer the services of equipment from point A to point B."
Transit Pros hired Kevin Caballeros in May 2017 to be their Client Retention & Business Development manager. Caballeros signed a nondisclosure agreement as part of his employment. The company gave Caballeros access to Transit Pros confidential system via a company provided laptop for acquiring new customers and managing the current customer database. In September 2017, Caballeros informed management that he would be quitting.
Transit Pros claims that Caballeros refused to give back the company computer until two months after his voluntary termination, and that upon receiving the laptop the company realized Caballeros had downloaded confidential documents to a OneDrive, deleted items from the laptop and attempted to conceal the actions. Caballeros is currently employed with Allstate, who was a customer of Transit Pros and one of their competitors that Transit Pros claims violates Caballeros contract.
Transit Pros claims Caballeros already has or will use the confidential, trade secret and or proprietary information obtained illegally from their FleetSeek account that violates his contract and puts Transit Pros at an unfair competitive advantage.
Transit Pros is requesting an injunction barringt Caballeros from using any confidential information from the company, monetary damages, a court order mandating Caballeros terminate employment with Allstate, provide Trade Pros with all computers to be searched for trade secret and confidential information, and to return any confidential information to Trade Pros.
Transit Pros is represented by Winthrop B. Reed, III and Joy D. McMillen of Lewis Rice LLC in St. Louis.
United States District Court for the Eastern District of Missouri, case number 4:18-cv-00637-RLW