They had substantial input into the design and development of that software.ĭefendant/appellee G&C Food Distributors & Brokers, Inc. They also had knowledge of Quirch's proprietary software, an internally developed enterprise resources system that Quirch invested millions of dollars in.
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They had access to client emails, pricing (which they directed), profitability, margins, patterns of purchase of customers, client preferences, credit terms, lines of credit offered to customers, and new product introductions. The individual defendants ran each of their categories, fostered relationships with Quirch's clients, as these relationships were crucial to their success. Quirch spent several hundred thousand dollars over a couple of years for the three individual defendants to nurture their relationships with customers through entertainment and travel expenses that Quirch paid for. Quirch attributes its success to the business relationships it has built, with both its buyers and its sellers. They attended industry conferences and events and provided Quirch with information on market trends. The individual defendants attended weekly sales meetings and presented at those meetings, covering such topics as new products, customer opportunities, market conditions, company strategies, and goals. They "were the face of Quirch Foods," according to Carmen Sabater, Quirch's chief financial officer. They set the pricing for Quirch meat/pork/poultry products, and they determined margin and profitability for these products. The individual defendants frequently met with Quirch's customers and developed close relationships with vendors/suppliers. They directed Quirch's procurement of meat products, which account for 75-80% of Quirch's business. These three individual defendants were among the most senior and highest paid employees at Quirch. Slattery made $100,000, which placed him in the top 2% of the company as far as earnings. Slattery was the category manager for poultry who worked for Quirch for 15 years. In 2018, Miller earned more than $330,000, which put him in the top 1% of all Quirch employees in terms of earnings. Miller was the category manager for pork who worked for Quirch for almost 20 years. In 2018, Broce earned close to $600,000, which put him in the top ½ percent of all Quirch employees in terms of earnings. Broce was the category manager for meat who worked for Quirch for almost 23 years. These three categories were headed by the individual defendants in this case: Andrew Broce, Kevin Miller, and Jeff Slattery (collectively, the individual defendants). In 2018, Power Buys accounted for about a quarter of a billion dollars in sales.Įach center-of-the-plate production division is headed by a category manager for meat, pork, and poultry. In addition, Quirch hosts "Power Buys," which are events held during each year where customers meet Quirch employees to discuss product pricing and learn about new Quirch products. Quirch has distribution centers in Miami, Orlando, Atlanta, Chicago, and Puerto Rico, as well as a new distribution facility in Illinois that it opened a few years ago. Their sales in 2018 were over $1 billion, and their beef, pork, and poultry products totaled over $850 million in sales in 2018. Quirch's main product is beef, pork, and poultry.
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Some of its customers include independent and chain supermarkets, food service distributors, food processors and manufacturers, cruise lines, and restaurants. Quirch employs over six-hundred employees and operates in the highly competitive "center-of-the-plate" meat market with "thin margins." Quirch delivers mainly on the east coast of the United States, from Maine to Miami, but also has a strong presence in Latin America and the Caribbean. The Quirch family were exiled to Puerto Rico after the Castro revolution, taking the company with them, and later relocated to Miami, Florida. Quirch is a meat packing and food distribution company founded in Cuba in 1967.
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In this enforcement of restrictive covenants in an employment agreement action, the employer, Quirch Foods LLC Quirch Foods Caribbean, LLC Quirch Foods Southeast, LLC and Quirch Foods Management Holdco, LLC (collectively, Quirch), appeal the trial court's "Order Denying Plaintiffs' Emergency Motion for Preliminary Injunction." We reverse and remand for entry of an order granting Quirch's motion.Īlthough the non-compete periods in question which all began in September 2019 have expired, Quirch Foods is nevertheless entitled to the benefit of its full non-compete period. Becker & Poliakoff, P.A., Kevin Markow and Jeremy C. Homer Perera Barnhart Alemán, Bayardo Alemán and Jorge Freddy Perera, for appellants. 19-29239 An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Maria de Jesus Santovenia, Judge. Not final until disposition of timely filed motion for rehearing.