HOUSTON — A federal district court in St. Louis ruled Friday to extend the temporary restraining order preventing former Foley’s executive Linda Quick Knight from joining J.C. Penney Co.
The court also ruled that it would extend the order into the future.
The issue before the courts was Foley’s claim that Quick’s plan to accept a job at Penney’s as the chief marketing officer and senior vice president violated a noncompete agreement Quick signed three years ago. That deal prevents the former senior vice president of sales, advertising and promotion for Foley’s from working for one year at any retail-related company in the U.S. with annual revenues of more than $25 million.
Quick left her reported $330,000-a-year job at Foley’s on Nov. 20 to join her husband, Mark Quick, who had moved to Dallas, where he is president of Fossil Accessories. “‘We’re very disappointed,” said Shira Yoshor, attorney for Baker Botts, the Houston law firm representing Linda Quick. “I certainly don’t think that Foley’s and Penney’s are direct competitors and I honestly don’t think there was any May Co. confidential information at risk at all here. I think it’s very unfortunate that Ms. Quick is being prevented from a very good professional opportunity.”
Quick’s attorneys had attempted to circumvent the ruling by requesting that Houston court Judge J. Dell Wainwright hear their claim that the agreement should not be enforced because it is oppressive. But Wainwright “passed” on the case Friday since it was being considered in St. Louis. “Under Texas law, that contract is uninforceable without a doubt,” Yoshor said.
Quick worked at Foley’s for 31 years before resigning in November, Yoshor said. “She gave her undivided attention to that company and was a very loyal and dedicated employee for many years. It’s unfortunate that of all people, they decided to go against her, when other people have left the company and they’ve not pursued any action against them.”
Penney’s is not expected to take any further legal actions on the Quick case. Calls to The May Department Stores Co. and its attorneys were not returned.
“The court’s ruling speaks for itself, we would have nothing to add,” said a Penney’s spokeswoman, adding that the search for a chief marketing officer continues. The post was previously held by Steve Farley, who resigned in November.