Christopher Ridgeway is a 35-year-old married father of two. He’s been fired as a device salesman by both Stryker Corporation and Biomet, Inc.—in just the last 60 days.
Twelve years ago Ridgeway went to work for Stryker as a salesman in New Orleans. For the last seven years, he says in court documents, he generated more sales for Stryker than any other salesman.
Fired and Fired
On September 10, 2013, Stryker fired him for malfeasance. Ridgeway immediately went to work for Biomet, Inc., who he says, recruited him. After Stryker filed a lawsuit against Biomet for torturous interference, Biomet fired him for violating a purported non-compete agreement “NCA” with Stryker.
After firing Ridgeway, Stryker filed an emergency motion in federal court in Michigan seeking an injunction to keep Ridgeway from competing with them in the marketplace, based on the NCA.
Missing Agreement
There was just one little problem. Where was the NCA? Was there proof of the existence of an NCA?
When Stryker went to the federal judge they swore they were submitting a “true and correct copy” of the agreement. But Ridgeway says Stryker fabricated the document by simply attaching his signature page from another man’s agreement and then, “slapped it” on the Complaint.
Ridgeway alleges that, “Apparently, Stryker lacked the actual agreement” but was “desperate to keep him from going to work for Biomet. “
To prove there was an NCA, Stryker submitted a Declaration from Stryker employee Sarah Krupinski that this was indeed a true copy. Krupinski swore that she had “personal knowledge” of the agreement. But, according to Ridgeway and her own admission, she didn’t begin working for Stryker until March 4, 2002, the year following the alleged 2001 agreement.
“Stryker never had anyone sign the alleged agreement,” stated Ridgeway, “despite there being an express signature line [for Jonathan Bagrosky, Manager, Human Resources] for this.”
“Cut and Paste Job”
But the copy submitted to the Court had an even bigger problem, argues Ridgeway. “The alleged agreement is plainly and visibly not the actual agreement.”
Ridgeway claims that Stryker simply detached an NCA of another man by whiting out or using Liquid Paper and obliterating the other man’s name. “Stryker then took a copy of the document, attached it to a facsimile signature of [Ridgeway’s], and presented the altered copy to the Court.”
“This is nothing more than a cut and paste job. Because the signature page is genuine, Ridgeway has attempted to obtain a copy of whatever agreement was actually signed, but Stryker has failed to produce this,” states Ridgeway’s response.
In an attachment, Ridgeway’s lawyer notes the Court can “visibly see the broken line under the blank space for a date that was caused by the white out.” The Court can also “readily see the visible hole punches for a three ring binder on the alleged non-compete agreement that was taken from another’s man agreement.”
Stryker ‘Employee Non-Compete Agreement’
“These hole punches are circled, so that an easy and clear comparison can be made with the facsimile signature page of Christopher Ridgeway that does not bear any of the three ring hole punches, nor any text of any agreement.”
“Stryker has failed to prove that a contract exits that forbids Ridgeway from competing with Stryker. Therefore, the demand for a preliminary injunction should be denied.”
Stryker Withdraws Injunction Motion
But before a scheduled hearing on October 30, 2013 to hear the arguments over whether an injunction should be issued, Stryker withdrew their motion. Stryker said the danger of losing business to Biomet through Ridgeway went away because Biomet fired him.
Ridgeway and his lawyer say it was because they had exposed Stryker’s fabrication of the non-existent NCA.
On October 23, 2013, Judge Robert Bell granted Stryker’s motion and cancelled the October 30, 2013 hearing based on “changed circumstances (Ridgeway’s firing by Biomet) and the need to conduct more fulsome discovery.”
Judge Bell: “Significant Concerns”
The judge noted that Ridgeway opposed the motion to withdraw because he wanted the opportunity to clear his name and “to reveal to the Court Stryker’s deceptive conduct in fabricating a non-compete agreement. Defendant Ridgeway has raised significant concerns about the manner in which Plaintiffs have prosecuted this case.” The judge said those concerns can be addressed to the Court by other methods or procedures.
So this is where it stands today. Ridgeway, once a top sales salesman has now been fired twice within two months with no ongoing legal venue to clear his name.
Biomet’s Courting
Ridgeway says this all began when Biomet asked him to come to work for them. They asked him if he had an NCA. Based on “repeated” Stryker assurances, he said no. He had no memory of ever signing such a document 12 years ago at age 23.
He said he would never have pursued the Biomet opportunity if he was aware of an NCA when he traveled to Biomet headquarters in Florida to discuss the Biomet offer. By September 10, 2013, he was “almost” convinced that he wanted to leave Stryker and go to work for Biomet. But nothing was signed and no final decision was made.
Terminated
Stryker struck first and terminated all email access on the 10th of September.
He also got a call from his boss, Hunter Cameron to meet with Sarah Krupinski and him at their Marriott hotel room in New Orleans where he was informed of his termination, and he was presented with a termination letter.
The letter warned him of all his obligations under a confidentiality agreement. “Glaringly, no mention was made of a non-compete agreement, nor did the Stryker representatives advise him that he had a non-compete agreement and that he should not go to work for Biomet,” states Ridgeway.
RidgewayVents to Scannell
Ridgeway then emailed Tim Scannell, Stryker’s Group President, MedSurg & Neurotechnology, on September 22, 2013, thanking him for the good years with Stryker, and confirming that he had not been flipping business to Biomet.
In his email to Scannell, Ridgeway had unflattering things to say about his manager, Hunter Cameron.
“As you are aware employees leave managers not companies! Working for Hunter Cameron was the tuffest [sic] challenge of my career… The only thing I ever got from Hunter was you would take a substantial pay cut to excel your career and basically there was nothing he could [do] for me. When Biomet called me and offered me an opportunity as an agent principal for multiple states and many divisions, I listened because I felt as if Hunter gave me no other options.”
Stryker Non-Compete Agreements
Ridgeway argues that even if an agreement existed, Stryker wouldn’t be able to enforce it after “repeatedly” telling him that no such agreement existed. Stryker’s director of sales until 2011, Robert McKay, signed a Declaration to the Court on October 15, 2013, saying that it was discussed at company leadership and management meetings in the presence of human resources managers that Ridgeway did not have an NCA.
In fact, said McKay, he himself didn’t have such agreement until he became manager.
Ridgeway claims he was eventually offered stock options to sign an NCA, but declined.
The Rest of the Charges
In concluding his case, Ridgeway says, “Stryker embellished this perfectly legal conduct into a concocted story about secret code words like ‘pancake’, which was nothing more than an innocent reference to an earlier joke made by Border over a breakfast at a restaurant regarding a pancake.” Similar claims that Ridgeway called his work for Stryker a “dog and pony show” are “untrue and are in stark contrast to the substantial revenues generated by Ridgeway as a top salesman.”
Concerning Stryker’s complaints that Ridgeway was not permitted to engage in other business activities, Ridgeway says Stryker failed to produce an actual agreement that prohibited him from doing so. Even under the alleged agreement filed by Stryker, “it clearly states that the restrictions ‘do not prevent’ [underlined] other business activities that are not in competition with Stryker…His other business pursuits clearly did not diminish his performance as Stryker’s top salesman for seven years.”
As for Stryker’s alleged losses, Ridgeway says Stryker’s “exaggerated” claim of $3 million in losses is “without any merit whatsoever.” He said he never made a single sale for Biomet before getting fired and Stryker immediately replaced him with existing sales personnel.
“Reprehensible Litigation Tactics”
The case got nastier on October 19, 2013 when Ridgeway’s attorney petitioned the Court to bar Stryker from communicating directly with his client.
While spending a relaxing Friday evening with his wife and two children, said the petition, Ridgeway “had his home life brutally disrupted by yet further aggressive litigation tactics by Stryker. The unethical bullying conduct of Stryker has now reached a new low.” Stryker’s Attorney, Wade Wexler, sent an email to Ridgeway that “egregiously denigrated and criticized” Ridgeways attorney, Wade Webster. Ridgeway asked the Court to prevent “these reprehensible litigation tactics.”
The “hardball, unethical litigation tactic unleashed by Stryker is consistent with its aggressive approach (1) in representing to the Court that a non-compete agreement of another man (who name was obliterated by white-out and then was attached to a faxed signature page of Ridgeway) was the actual and genuine non-compete agreement signed by Ridgeway, and (2) by its demand for, and insistence that the Court provide, an emergency hearing on a preliminary injunction, only then to seek to withdraw the demand after Ridgeway uncovered the manipulation by Stryker of the alleged employee non-compete agreement.”
Christopher Ridgeway didn’t get his day in court on October 30. But the judge said there were other avenues open Ridgeway, so we don’t think we’ve heard the last of this case.
We asked Biomet if they’d hire him back if the NCA turns out to be fabricated. They, like Stryker, politely told us they don’t comment on ongoing litigation.