Sanction for Defying Injunction, Trying to Poach Employee Tossed

A $50,000 sanction imposed against a former employee for allegedly violating an injunction and trying to poach former co-workers to work for his new employer was vacated by the Fifth Circuit.

Although the sanction was imposed in a civil contempt hearing, it was criminal in nature and Kirt Dmytruk wasn’t afforded the required due process protections, the court said in an unpublisehd per curiam opinion.

When Dmytruk left Ravago American LLC for Vinmar International Ltd., he agreed not to recruit his former colleagues for 18 months. Ravago eventually sued Dymtruk to enforce the agreement, and the district court issued an ...