![]() ![]() commenced this action against the four employees to recoup the incentive payments made to them under the Incentive Plan on the ground that the employees had failed to satisfy the Plan’s conditions for payment. Allegis and two subsidiaries - Aerotek and TEKsystems, Inc. But before the expiration of the 30-month period, all four decided to form and engage in a competitive business, thus violating the conditions designed to promote the Allegis corporate group’s long-term growth. Four former employees of Allegis subsidiary Aerotek, Inc., who as highly compensated employees had elected to participate in the Incentive Plan, either received or expected to receive incentive payments following their separation from service as employees of Aerotek. The Plan provides that participating employees who fail to satisfy the conditions are not entitled to the incentive payments. Specifically, during the 30-month period, participating employees are required to refrain from competing with, soliciting customers of, or raiding employees from any Allegis company. ” Under the terms of the Plan, highly compensated employees who qualify for and elect to participate in the Plan can receive incentive payments for 30 months following their separation from service, provided that they remain loyal to Allegis and its subsidiaries and supportive of the companies’ business growth. 2 NIEMEYER, Circuit Judge: This case centers on a corporate “Incentive Investment Plan” created by Allegis Group, Inc., “to promote the long-term economic growth of. Kaplan, LITTLER MENDELSON, P.C., Washington, D.C., for Appellees. Collins, FOLEY & LARDNER LLP, Washington, D.C., for Appellants. Schroeder, Michael Thompson, Boston, Massachusetts, Jillian M. Jacqueline Carol Johnson, LITTLER MENDELSON, P.C., Dallas, Texas, for Appellees. ARGUED: Michael James Tuteur, FOLEY & LARDNER LLP, Boston, Massachusetts, for Appellants. Judge Niemeyer wrote the opinion, in which Judge Wilkinson joined. (1:12-cv-02535-GLR) Argued: OctoDecided: FebruBefore WILKINSON, NIEMEYER, and DIAZ, Circuit Judges. Appeal from the United States District Court for the District of Maryland, at Baltimore. JUSTIN JORDAN DANIEL CURRAN MICHAEL NICHOLAS CHRIS HADLEY, Defendants - Appellants, and ANA NETO RODRIGUES, ALEXANDER FERRELLO, Defendants. TEKSYSTEMS, INC., Plaintiffs - Appellees, v. PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. ![]()
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