Three weeks after suing its former chief executive officer, the Zepf Center is asking a judge to prohibit her from continuing to work at a competing agency.
The nonprofit behavioral health agency is seeking a temporary restraining order against Jennifer Moses, who resigned as CEO July 18, four days after she was suspended by Zepf because of allegations of misconduct. Zepf claims her new employment with Empowered For Excellence violates a non-compete agreement she signed, and threatens to cause Zepf irreparable harm.
Lucas County Common Pleas Judge Gene Zmuda heard arguments on the motion for nearly an hour Wednesday. He said he would render his decision on the matter Thursday.
Barry Fissel, attorney for Zepf, said Ms. Moses signed an agreement that states she could not work for a competing agency within 25 miles of Zepf's West Central Avenue office for a year after leaving Zepf's employment. The agreement further states that she cannot solicit Zepf employees to leave the agency, nor can she share any of Zepf's confidential information.
Mr. Fissel told the court that eight Zepf clinicians — employees who provide direct services to clients with mental illness and drug addiction — have left and followed Ms. Moses to Empowered For Excellence.
“The competition really is for the clinicians because there is an oversupply of patients and clients who need help and a shortage of clinicians to treat them,” Mr. Fissel said, adding that no clinicians resigned from Zepf and went to work for Empowered For Excellence until Ms. Moses did.
“They have effectively taken eight of our clinicians in just six weeks,” Mr. Fissel said.
Rick Kerger, attorney for Ms. Moses, argued that she did not recruit or hire those clinicians.
“I think [the non-compete agreement] is not enforceable because there are no trade secrets or confidential information to be protected,” Mr. Kerger said. “You have to have a protectable interest, which they don't and they haven't proven.”
On Sept. 12, Zepf filed suit against Ms. Moses, who had been CEO since 2007, alleging she had used Zepf's credit card for personal purchases, sold a vehicle to her husband at a loss to Zepf, affixed the board chairman's signature on a credit card statement without authorization, made some $11,000 in payments to Anthony Wayne High School for her children's activities, and kept $2,500 from Zepf for a charitable donation that was never made.
Mr. Kerger previously said in a statement that Zepf is claiming his client owes $29,000 that was allegedly improperly paid to her over a seven-year period and she has agreed to repay the agency. He said she is disputing some of the claims for repayment made by Zepf.
“But the majority of the claims are wrong and she was in the process of pulling information together to show them this was the case when the lawsuit was filed,” Mr. Kerger wrote.
Contact Jennifer Feehan at: jfeehan@theblade.com or 419-213-2134.
First Published October 4, 2017, 10:59 p.m.
