IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
JOHN KENNEDY ROOFING AND CONSTRUCTION, LLC, d/b/a KENNEDY ROOFING AND CONSTRUCTION, an Oklahoma limited liability company,
Plaintiff,
v.
CHRIS WILKERSON, an individual,
Defendant.
PETITION
Plaintiff, John Kennedy Roofing and Construction, LLC, d/b/a Kennedy Roofing and Construction ("Kennedy Roofing"), for its claims and causes of actions against Defendant, Chris Wilkerson ("Wilkerson"), alleges and states as follows:
PARTIES, JURISDICTION, AND VENUE
1. Kennedy Roofing is an Oklahoma limited liability company with its principal place of business in Oklahoma City, Oklahoma.
2. Upon information and belief, Wilkerson is an individual who resides in Oklahoma County, Oklahoma.
3. This Court has jurisdiction over the parties and subject matter in this action and venue is proper in this Court pursuant to 12 O.S. § 139.
FACTUAL BACKGROUND
Kennedy Roofing
4. Kennedy Roofing is a family-owned and operated, regional roofing contractor who provides commercial and residential roofing and construction throughout Oklahoma.
5. Kennedy Roofing’s success in this highly competitive, service industry is based in large part on its ability to service and develop relationships with its customers and employees. To meet its customers’ roofing and construction needs, Kennedy Roofing has developed and maintained, at great expense, valuable working relationships and substantial goodwill with its customers and employees, both of which are of paramount significance to its business reputation and success.
6. Due to the competitive nature of Kennedy Roofing’s business, Kennedy Roofing undertakes all reasonable efforts to shield its confidential and proprietary business information from its competitors, e.g., pricing and financing structure, business plans and strategies, including marketing and sales plans, customers and prospective customers, including customer and prospective customer lists, information related to customers and prospective customers, including contact information, volume and nature of business, business records, employee information, products, etc. This confidential and proprietary business information has independent economic value, both actual and potential, because it is not generally known or readily ascertainable to the public or competitors of Kennedy Roofing. Indeed, Kennedy Roofing’s confidential and proprietary business information affords Kennedy Roofing a competitive advantage over its competitors in the roofing and construction industry.
7. Kennedy Roofing’s confidential and proprietary business information is known only to select Kennedy Roofing employees who require access to it in order to service Kennedy Roofing’s customers. All Kennedy Roofing employees are informed of the sensitive nature of this information and directed not to disclose this information to other Kennedy Roofing employees or third parties. Kennedy Roofing further protects the secrecy and confidentiality of its trade secrets and other confidential and proprietary information by: (a) implementing confidentiality and
restrictive covenant agreements, as well as issuing and enforcing employee handbooks, which describe confidential and proprietary business information and impose non-disclosure obligations on its employees; and (b) maintaining confidential and proprietary business information on password protected computer systems with login procedures that restrict access to certain Kennedy Roofing personnel.
8. Kennedy Roofing derives economic value from the secrecy of its confidential and proprietary information. If disclosed to or used by a competitor, the competitor would be enabled to unfairly compete against Kennedy Roofing in the roofing and construction industry. For instance, the disclosure of Kennedy Roofing’s customer and prospective customer information would enable a competitor to target those customers and prospective customers and offer the same or similar roofing and construction services at a lower rate without having to spend the time, effort, expense, and resources that Kennedy Roofing expended in developing relationships with and prospecting its customers. By way of further example, if confidential and proprietary personnel information was disclosed to a competitor of Kennedy Roofing, the competitor would be in position to use that personnel information to poach Kennedy Roofing’s employees. Under these circumstances, the economic value of Kennedy Roofing’s confidential and proprietary business information would be severely and irreparably damaged, if not completely lost, as would Kennedy Roofing’s competitive advantage in the roofing and construction industry.
**Wilkerson’s Employment with Kennedy Roofing**
9. On or around November 8, 2023, Kennedy Roofing hired Wilkerson as a salesman to solicit roofing and construction contracts with Kennedy Roofing’s customers and prospective customers. Specifically, Kennedy Roofing hired Wilkerson to develop relationships with Kennedy
Roofing’s customers and prospective customers and ultimately for Kennedy Roofing to execute roofing and construction contracts with those customers.
10. Wilkerson primarily focused on residential/commercial roofing and construction customers and prospective customers. In this role, Kennedy Roofing provided Wilkerson access to customer and prospective customer confidential and proprietary business information, including Kennedy Roofing’s customer and prospective customer lists, customer and prospective customer information, pricing information, marketing materials, etc. Wilkerson was also privy to personnel information related to other Kennedy Roofing employees in the same or similar position as his, including commission and pay structures.
11. As a result of Wilkerson’s access to this type of confidential and proprietary business information, on March 10, 2025, Kennedy Roofing required Wilkerson, as consideration for his continued employment and access to Kennedy Roofing’s confidential and proprietary business information, to execute a Non-Disclosure Agreement ("NDA"), which contains confidentiality, non-disclosure and non-use provisions as well as obligations to take reasonable measures to protect against disclosure of Kennedy Roofing’s confidential and proprietary business information as defined in the NDA.
12. As additional consideration for Wilkerson’s employment and access to Kennedy Roofing’s confidential and proprietary business information, Kennedy Roofing also required Wilkerson to enter into a non-solicitation agreement, preventing him from soliciting any client or customer he had contact with during his employment with Kennedy Roofing and/or directly or indirectly soliciting any current employees or contractors of Kennedy Roofing during or after his employment with Kennedy Roofing.
13. Kennedy Roofing would not have hired Wilkerson had he not executed the NDA and non-solicitation agreements, nor would he have been given access to Kennedy Roofing’s confidential and proprietary business information.
14. Wilkerson’s employment ended with Kennedy Roofing on or around September 16, 2025.
15. As part of his separation from employment, Kennedy Roofing offered Wilkerson a Severance Agreement, which he accepted effective September 16, 2025.
16. The Severance Agreement prevented him from disparaging Kennedy Roofing or otherwise interfering with Kennedy Roofing’s business relationships.
17. The Severance Agreement also reinforced his obligations under his NDA and non-solicitation agreements with Kennedy Roofing.
Wilkerson’s Wrongful and Unlawful Conduct
18. Following Wilkerson’s separation from employment, Kennedy Roofing learned that during his employment, Wilkerson had disclosed Kennedy Roofing’s confidential and proprietary business information to direct competitors, including customer and prospective customer information.
19. Specifically, Wilkerson disclosed customer contact information for a customer that had seven (7) properties in Kansas that he was prospecting on behalf of Kennedy Roofing.
20. As a result of Wilkerson’s disclosure of this confidential and proprietary business information, Kennedy Roofing had to offer a better deal to at least one customer who executed a contract with Kennedy Roofing to provide roofing and construction, thereby causing financial harm to Kennedy Roofing.
21. If Kennedy Roofing had known that Wilkerson was in violation of his NDA during his employment, Kennedy Roofing would have never entered into the Severance Agreement with Wilkerson.
22. Kennedy Roofing has also learned that Wilkerson is providing information related to other Kennedy Roofing employees to competitors who are then being solicited for employment by those same competitors in violation of his non-solicitation agreement.
23. Upon information and belief, Wilkerson is directly and actively soliciting Kennedy Roofing’s customers and employees.
24. Upon information and belief, Wilkerson continues to disclose Kennedy Roofing’s confidential and proprietary business information to competitors, including, but not limited to, customer and prospective customer information and employee information, which is being used to solicit those customers and prospective customers and employees.
25. Wilkerson’s conduct is in direct violation of his NDA, non-solicitation agreement, and Severance Agreement.
26. On September 25, 2025, Kennedy Roofing sent a cease-and-desist letter to Wilkerson outlining his wrongful and unlawful conduct and further reminding him of his obligations pursuant to his NDA, non-solicitation agreement, and Severance Agreement. In response, Wilkerson essentially informed Kennedy Roofing’s counsel that Kennedy Roofing could do what it needed to do.
27. Given Wilkerson’s unwillingness to voluntarily comply with his contractual and common law obligations to Kennedy Roofing, Kennedy Roofing seeks judicial intervention to enjoin the intentional and willful harm Wilkerson has and continues to inflict on Kennedy Roofing.
FIRST CAUSE OF ACTION
BREACH OF CONTRACT
28. Kennedy Roofing adopts and incorporates by reference the allegations set forth in paragraphs 1-27, and the introductory statement, in this Petition.
29. Wilkerson entered into valid and legally enforceable contracts with Kennedy Roofing, including the NDA, non-solicitation agreement, and Severance Agreement.
30. In exchange for the contractual obligations set forth in these agreements, Wilkerson received adequate and sufficient consideration, including, but not limited to, employment, compensation, access to Kennedy Roofing’s confidential and proprietary business information, and severance monies.
31. Kennedy Roofing has at all times performed and fulfilled its obligations under the agreements.
32. The NDA, non-solicitation agreement, and Severance Agreement are reasonably necessary to protect Kennedy Roofing’s legitimate business interests, including Kennedy Roofing’s customer and prospective customer relationships, employee relationships, and confidential and proprietary business information.
33. As set forth herein, Wilkerson has breached his NDA, non-solicitation agreement, and Severance Agreement.
34. The foregoing wrongful and unlawful conduct has proximately caused and, unless restrained and enjoined, will continue to cause Kennedy Roofing severe, immediate and irreplaceable harm, damage, and injury.
WHEREFORE, Kennedy Roofing respectfully requests the Court to enter judgment in its favor on Kennedy Roofing’s First Cause of Action and award the following relief:
(a) Compensatory damages in an amount to be determined at trial, but in excess of $75,000.00;
(b) A recovery of attorneys’ fees and costs expended in prosecuting this Cause of Action; and
(c) Such other relief as the Court deems just and proper.
SECOND CAUSE OF ACTION
TORTIOUS INTERFERENCE WITH BUSINESS RELATIONS
35. Kennedy Roofing adopts and incorporates by reference the allegations set forth in paragraphs 1-34, and the introductory statement, in this Petition.
36. Kennedy Roofing has developed advantageous business relationships with its customers, prospective customers, and employees. Wilkerson is aware of Kennedy Roofing’s current and prospective business relationships. Wilkerson is bound by the NDA, non-solicitation agreement, Severance Agreement, and common law not to interfere with Kennedy Roofing’s valid business relationships. Despite knowledge of the foregoing, Wilkerson has misused the confidential and proprietary business information of Kennedy Roofing to intentionally and maliciously interfere with Kennedy Roofing current and prospective, valid business relationships.
37. Moreover, Wilkerson has intentionally and willfully induced and/or attempted to induce Kennedy Roofing’s customers, prospective customers, and employees to cease their business relationship with Kennedy Roofing, thereby interfering with Kennedy Roofing’s valid and legitimate business relationships.
38. This misconduct was knowing, intentional, and reckless, and was of such an aggravated character as to warrant the imposition of punitive damages.
39. The foregoing wrongful and unlawful conduct has proximately caused and, unless restrained and enjoined, will continue to cause Kennedy Roofing severe, immediate and irreparable harm, damage, and injury.
WHEREFORE, Kennedy Roofing respectfully requests the Court to enter judgment in its favor on Kennedy Roofing’s Second Cause of Action and award the following relief:
(a) Compensatory damages in an amount to be determined at trial, but in excess of $75,000.00;
(b) Punitive damages in an amount to be determined at trial, but in excess of $75,000.00;
(c) A recovery of attorneys’ fees and costs expended in prosecuting this Cause of Action; and
(d) Such other relief as the Court deems just and proper.
THIRD CAUSE OF ACTION
MISAPPROPRIATION OF CONFIDENTIAL AND PROPRIETARY BUSINESS INFORMATION
40. Kennedy Roofing adopts and incorporates by reference the allegations set forth in paragraph 1-39, and the introductory statement, in this Petition.
41. Kennedy Roofing’s business practices and methods, and information relating to its services, products, customers, prospective customers, employees, and suppliers, including, without limitation, pricing information, pricing and financing structure, marketing information and sales techniques, client and customer lists, prospective client and customer lists, information regarding employees, business or strategic plans, planning and financial information, compilations of industry data and customer needs, and non-published financial and sales information, are proprietary and confidential to Kennedy Roofing.
42. Kennedy Roofing has taken reasonable efforts to protect and maintain the secrecy and confidentiality of its confidential and proprietary business information.
43. Kennedy Roofing’s confidential and proprietary business information is not generally known in the roofing and construction industry or to the general public, and its secrecy confers substantial economic advantage and benefit to Kennedy Roofing. Knowledge of this information would also confer a substantial economic benefit to Kennedy Roofing’s competitors. As a result, Kennedy Roofing undertakes all reasonable efforts to shield its confidential and proprietary business information from disclosure. These efforts include, but are not limited to, requiring employees, including salesmen, to execute non-disclosure agreements, which contain confidentiality provisions, making clear in employment policies that all such information is confidential and should not be disclosed to other Kennedy Roofing personnel, unless they need to know the information to service Kennedy Roofing’s customers, or other third parties, and storing the information on password protected computer systems with login procedures that restrict access to certain Kennedy Roofing personnel. Wilkerson is bound by such contracts, policies, and provisions.
44. Wilkerson, through improper means and without authorization, either directly or indirectly misappropriated, misused and/or disclosed Kennedy Roofing’s confidential and proprietary business information for his benefit and the benefit of other third parties, which is a clear breach of the above-identified contracts, polices, and procedures of Kennedy Roofing.
45. Moreover, upon information and belief, Wilkerson is performing work as an employee and/or contractor for direct competitors of Kennedy Roofing employer that is so similar to his responsibilities at Kennedy Roofing that it will not be possible for him to discharge those responsibilities without disclosing, using and/or relying upon his knowledge of Kennedy
Roofing’s confidential and proprietary business information for the benefit of himself and the other third parties for whom he is performing work. Thus, not only has Wilkerson already disclosed, used and/or relied upon Kennedy Roofing’s confidential and proprietary business information, it is inevitable that he will continue to do so unless he is restrained and enjoined from continuing to do so.
46. As a direct and proximate result of Wilkerson’s deliberate, willful and malicious misappropriation of Kennedy Roofing’s confidential and proprietary business information, Kennedy Roofing has sustained and will continue to sustain severe, immediate and irreparable harm, damage and injury to the value of its confidential and proprietary business information and competitive advantage, which Kennedy Roofing has expended significant time, effort and money to secure.
WHEREFORE, Kennedy Roofing respectfully requests the Court to enter judgment in its favor on Kennedy Roofing’s Third Cause of Action and award the following relief:
(a) Compensatory damages in an amount to be determined at trial, but in excess of $75,000.00;
(b) Punitive damages in an amount to be determined at trial, but in excess of $75,000.00; and
(c) Such other relief as the Court deems just and proper.
FOURTH CAUSE OF ACTION
UNFAIR COMPETITION
47. Kennedy Roofing adopts and incorporates by reference the allegations set forth in paragraph 1-46, and the introductory statement, in this Petition.
48. Wilkerson gained a business advantage through his employment with Kennedy Roofing. Specifically, Wilkerson gained access to Kennedy Roofing’s confidential and proprietary business information, which is not readily available to Kennedy Roofing’s competitors.
49. Upon information and belief, Wilkerson is currently working for a direct competitor of Kennedy Roofing and is currently providing Kennedy Roofing’s confidential and proprietary business information to this direct competitor.
50. Wilkerson, through improper means and without authorization, either directly or indirectly misappropriated, misused and/or disclosed Kennedy Roofing’s confidential and proprietary business information for his benefit and the benefit of a direct competitor of Kennedy Roofing.
51. As a result, Wilkerson has engaged in unfair competition for his benefit and the benefit of a direct competitor to the detriment of Kennedy Roofing.
52. As a direct and proximate result of Wilkerson’s deliberate, willful and malicious unfair competition, Kennedy Roofing has sustained and will continue to sustain severe, immediate and irreparable harm, damage and injury to the value of its confidential and proprietary business information and competitive advantage, which Kennedy Roofing has expended significant time, effort and money to secure.
WHEREFORE, Kennedy Roofing respectfully requests the Court to enter judgment in its favor on Kennedy Roofing’s Fourth Cause of Action and award the following relief:
(a) Compensatory damages in an amount to be determined at trial, but in excess of $75,000.00;
(b) Punitive damages in an amount to be determined at trial, but in excess of $75,000.00; and
(c) Such other relief as the Court deems just and proper.
FIFTH CAUSE OF ACTION
UNJUST ENRICHMENT
53. Kennedy Roofing adopts and incorporates by reference the allegations set forth in paragraphs 1-52, and the introductory statement, in this Petition.
54. Kennedy Roofing entered into a Severance Agreement with Wilkerson, in part, for his reaffirmation of his contractual obligations under his NDA and non-solicitation agreement.
55. Wilkerson, however, has failed or refused to honor his contractual obligations under his NDA and non-solicitation, thereby breaching the agreements.
56. As a result, Kennedy Roofing demanded repayment of Wilkerson’s severance monies.
57. Wilkerson has refused to refund the money paid by Kennedy Roofing.
58. Wilkerson has benefited from the money paid by Kennedy Roofing, e.g., Wilkerson was paid severance monies for further assurance that he would honor the terms and conditions of his contractual obligations under his NDA and non-solicitation agreement, but prior to and immediately thereafter, Wilkerson breached those contractual obligations. Therefore, Kennedy Roofing is entitled to a judgment under the principles of unjust enrichment for the severance monies paid to Wilkerson.
59. The foregoing wrongful and unlawful conduct has directly and/or proximately caused Kennedy Roofing harm, damage, and injury.
WHEREFORE, Kennedy Roofing respectfully requests the Court to enter judgment in its favor on Kennedy Roofing’s Fifth Cause of Action and award the following relief:
(a) Compensatory damages in an amount to be determined at trial, but not to exceed $75,000.00;
(b) Punitive damages in an amount to be determined at trial, but not to exceed $75,000.00;
(c) A recovery of attorneys’ fees and costs expended in prosecuting this Cause of Action; and
(d) Such other relief as the Court deems just and proper.
JURY DEMAND
(ALL CLAIMS)
Kennedy Roofing demands trial by jury on all the claims for damages.
Respectfully submitted,
Allen L. Hutson, OBA #30118
-Of the Firm-
H&A LAW, PLLC
225 Lilac Drive
Suite 150
Edmond, OK 73034
(405) 463-1161
[email protected]
ATTORNEY FOR PLAINTIFF KENNEDY ROOFING
