Monday, October 25, 2010

Ivy/David Moore Bonding Company spat continued.

The hearing scheduled last week on a motion to dissolve a temporary restraining order obtained by David Moore Bonding Company against former employee Mike Ivy was canceled last week. David Moore Bonding Company obtained a TRO enforcing a non-compete agreement against Mr. Ivy on September 3, 2010 after he began working for American National Bonding Company. Mr. Ivy filed a counter-claim on September 14 and a motion to dissolve the TRO on September 23. The administrator told this correspondent both parties desired a half-day for trial and they are waiting to get a date on the Chancellor's docket (which she said was pretty backed up.).

Mr. Ivy, a former police officer with JPD and the Hinds County Sheriff's office, signed a non-compete agreement on March 8, 2010 with DMBC (See page 3 in documents below). The agreement states Mr. Ivy is prohibited "directly or indirectly from competing with the company within a 120 mile radius of Jackson, Mississippi for a period of two years from the date of termination voluntarily or involuntarily."

Mr. Ivy was fired by DMBC on August 6, 2010. Mr. Ivy alleges in his counter-claim he was returning from transporting a prisoner to a "facility in South Mississippi". Mr. Ivy returned to Jackson later that day and became "involved in the search and rescue" of Officer Agee. Mr. Ivy then claims he gave CPR to the officer and thus ignored his cellphone as it was ringing. Mr. Ivy finally answers his phone several minutes later, was cussed out by DBMC co-owner Mark Culberson, and that Mr. Culberson then told him he was fired. Mr. Culberson allegedly left a voice-mail stating he was fired. Mr. Ivy then accuses DBMC of threatening and harassing him via cellphone.

The Clarion-Ledger reported Mr. Ivy said at the September 16 hearing: "He told me I wasn't a cop any longer and when he calls I should answer the phone," Ivy said. "I told him if he thought I'd stop doing CPR on anybody, much less a police officer, and answer the phone he was wrong." The newspaper article reports Mr. Moore claimed at a September 16 hearing he tried to work with Mr. Ivy and Mr. Ivy was absent from work frequently.

Mr. Ivy ends his counter-claim by asking the court to award him $6,000 in commissions he claims are due him by his former employer. Mr. Ivy also took issue with the claim he was an employee as he states he was an independent contractor responsible for his own taxes, insurance, and that no withholding by DBMC took place.

Interesting case. The non-compete agreement is time and geographic specific. Mr. Ivy argues he was an independent contractor but courts can enforce such an agreement even if he was not an employee. The issue will probably be whether the rest of the agreement is so vague it is unreasonable and if the issue of termination voids the agreement. One curious part of this litigation is Mr. Ivy states Mr. Culberson owns 50% of David Moore Bonding Company yet the Secretary of State's website states Mr. Moore is the only owner of the company. Another example of why Delbert wants to reform the LLC registration laws. While this seems as a dispute between an employee and his employer, one hopes Mr. Ivy was not fired because he did indeed stop to aid a fallen officer.


6 comments:

Kingfish said...

Here is CL story: A veteran law enforcement officer turned bail bond solicitor says his attempts to aid a fatally wounded Jackson policeman last month cost him his job.

But the local bond agency he worked for says the man quit after a series of problems and is now in violation of a contract because he works for a competing agency.

Resolution of that dispute is now before a Hinds County chancery judge.

Mike Ivy, who also is a volunteer firefighter in Terry, says he was giving CPR to officer Glen Agee on the night of Aug. 6 while one of his bosses at David Moore Bonding repeatedly called his cell phone. Agee was fatally wounded when he chased after and then tussled with escaped prisoner Latwan Smith in a ravine less than a mile from the Hinds County Detention Center in Raymond. Smith had escaped from the patrol car en route to the jail.

When Ivy finally returned the missed calls, he got into a heated discussion with the supervisor which Ivy says led to his immediate termination.

"He told me I wasn't a cop any longer and when he calls I should answer the phone," Ivy said. "I told him if he thought I'd stop doing CPR on anybody, much less a police officer, and answer the phone he was wrong."

Ivy then went to work for American National Bail Bonding in Raymond but soon found himself in court after his former employer sought a restraining order.

David Moore, owner of David Moore Bonding in Ridgeland, testified Wednesday in a Hinds County Chancery Court hearing that Ivy began working for his agency in March. And while Ivy's years of experience in law enforcement made him an attractive hire, Moore said he began to notice trouble.

"Mike was not answering his phone when we tried to call him. He seemed to have a lot of absenteeism," Moore said. "At one point, he had indicated wanting to get back in law enforcement."

Moore also said one of his partners told Ivy he was fired the night of Aug. 6, but Moore vetoed the firing and tried to work with Ivy to find a solution so he could remain at the agency.

However, Ivy quit, said Moore.

Now Moore contends Ivy's work for American National Bonding is in violation of a "non-compete" contract he signed that stipulates he cannot compete for bonds in a 120-mile radius of Jackson for at least two years.

The case is before Chancery Judge Dewayne Thomas.

Anonymous said...

Everyman should have the opportunity to earn a living, not compete clauses are like labor unions.

Anonymous said...

What interests me about this case is the ambiguity and terms of the non-compete. For instance, the scope covers 120 miles yet when written out it says 100 miles. Even if it was only 100 miles from the office of DMB, Mr. Ivy would have to go to LA or AL to practice his profession. DMB does not operate in these areas or outside the tri-county area, so why would they restrain Mr. Ivy from operating where they choose not to work? Additionally, the terms are vague in several areas, one being the phrase "directly or indirectly compete with David Moore Bonding." Compete how, doing what, is it washing dishes, cutting grass, bounty hunting, writing bonds? The Non-compete is also beyond what the MS Supreme Court says is reasonable. The Court also addresses the ambiguity issue in favor of Mr. Ivy. This will be an interesting case.

As to Mr. Kingfish, I was on scene the night of Officer Agee's death, and you can rest assured that Mr. Ivy was there rendering aid to Officer Agee. I also heard his phone ring several times and he didn't answer it. Additionally, I have personally heard the voice mail of Mr. Culberson firing Mr. Ivy. Mr. Culberson said, "Mike, you're fired! Turn in all your stuff by 10:00 tomorrow! You have crossed a line with me you are never going to cross. I wish you were standing in front of me. And, you can kiss my a@@!

Anonymous said...

Is this the same Mark Culberson that is a police officer in Vicksburg, or maybe his son that has issue with police officers because of his run ins with them?

Anonymous said...

No, Mark Culberson is not a police officer. He brother Steve Culberson was a police officer with Ridgeland PD. He is now employed with David Moore Bonding with his brother Mark.

Anonymous said...

No one disputes that Michael Ivy was at the scene of the dying officer - but his version of his role there is so far from the truth that it should be labeled fiction. He must be worried, because with the continuance of this case, more facts are being discovered as to what really happened that day. I think it is particularly dispicable that a person who was in law enforcement himself for as long as he claims would use the death of a fallen officer to cover up his own mistakes that day. It really will be interesting to watch as this case unfolds for several different reasons. One in particular is why did Mr. Ivy readily agree to the non-compete agreement by signing it, only to come back later and whine about it? He's an adult who can read, isn't he? No one forced him to sign it, nor did anyone force him to lie about his actions on the day of his firing. The problem with lying is that one lie leads to another, and eventually the truth always catches up with a person. But the thought of these particular truths coming out in such a public, "on-the-record" manner has got to be a horrifying prospect to Mr. Ivy.


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